Tort Law in Spain

Tort Law in Spain
Author: Sergio Nasarre-Aznar
Publisher: Kluwer Law International B.V.
Total Pages: 356
Release: 2022-06-20
Genre: Law
ISBN: 9403546948

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the Spain. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Spain. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Token law and markets

Token law and markets
Author: Ibáñez Jiménez, Javier Wenceslao
Publisher: Editorial Reus
Total Pages: 198
Release: 2021-10-14
Genre: Law
ISBN: 8429025480

Esta monografía sobre derecho de tokens y tokenomics muestra los avances en el derecho de tokens americano y europeo, haciendo hincapié en las cuestiones esenciales que plantea la nueva Estrategia de Finanzas Digitales para DeFi y para los mercados de tokens, englobando las tres Propuestas de Regulaciones.

Tort Law in Chile

Tort Law in Chile
Author: Alfredo Ferrante
Publisher: Kluwer Law International B.V.
Total Pages: 431
Release: 2022-04-21
Genre: Law
ISBN: 9403546921

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the Chile. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Chile. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Cyber Law in Spain

Cyber Law in Spain
Author: Pedro Letai
Publisher: Kluwer Law International B.V.
Total Pages: 375
Release: 2019-02-13
Genre: Law
ISBN: 9403509937

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to cyber law – the law affecting information and communication technology (ICT) – in Spain covers every aspect of the subject, including intellectual property rights in the ICT sector, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, privacy issues, and computer crime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.

Remuneration for the Use of Works

Remuneration for the Use of Works
Author: Silke von Lewinski
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 463
Release: 2016-12-19
Genre: Law
ISBN: 3110476436

Royalty payments are once again becoming a hot button issue for authors and artists, as well as other holders of copyright or related rights, because they fail to receive adequate compensation for the use of their work on the internet. This volume from the 2015 ALAI Congress contributes to the international discussion of this issue by examining the causes of the problem and possible solutions, including a set of business models to compensate for internet usage. The volume contains mainly English as well as French and Spanish contributions.

Free and Open Source Software (FOSS) and other Alternative License Models

Free and Open Source Software (FOSS) and other Alternative License Models
Author: Axel Metzger
Publisher: Springer
Total Pages: 505
Release: 2015-11-30
Genre: Law
ISBN: 3319215604

This book discusses the main legal questions raised by free and open source software (FOSS) licenses and other alternative license models, such as Creative Commons. The legal questions raised by FOSS and other alternative licenses have been the subject of an intense international debate among legal scholars and practising lawyers in the last years. Courts in different jurisdictions have confirmed that the core features of FOSS licenses are compliant with the respective applicable laws and thus enforceable in the respective jurisdictions. What is still missing so far is an in-depth comparative analysis of the legal issues raised by FOSS, Creative Commons and other alternative license on a worldwide scale. This book presents a general report on FOSS licenses and alternative license models to establish common ground and enable comparison between jurisdictions. The general report is followed by 24 national reports covering the world's most important IT-markets. General and national reports use the same structure to facilitate the comparison. The book shows that despite the differences in their origins, all FOSS projects use detailed licenses for the organisation of their communities. It also shows the differences in the proofing of these licenses by courts in some jurisdictions and the tailor-made provisions established by some legislators to solve the legal issues raised by the license model.

Non-Contractual Liability Arising out of Damage Caused to Another

Non-Contractual Liability Arising out of Damage Caused to Another
Author: Christian von Bar
Publisher: Walter de Gruyter
Total Pages: 1441
Release: 2009-08-17
Genre: Law
ISBN: 3866538650

"Non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the DCFR. The law of non-contractual liability arising out of damage caused to another (in the Common Law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict) is the area of law which determines whether one who has suffered a damage can on that account demand reparation (in money or in kind) from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this volume presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.

Judicial institutionalization of integration processes

Judicial institutionalization of integration processes
Author: Ricardo Caichiolo
Publisher: Simplíssimo
Total Pages: 428
Release: 2016-09-07
Genre: Fiction
ISBN: 8569333730

The focus of this book is the judicial institutionalization of integration processes through the development of dispute settlement mechanisms, more especifically in the Common Market of the South (MERCOSUR), to date, the most important regional bloc in Latin America. The bloc has been in existence since 1991 and has positioned itself as one of the potential regional blocs for trade and investment, while becoming one of the important actors in the international community. However, its achievements have been tainted by the gaps and problems attached to the core foundation of the regional bloc. MERCOSUR has been suffering or experiencing internal disputes and disunity due to its complex and low institutionalization, a situation which can be seen as being paradoxical. Its current Dispute Settlement Mechanism is subject to uncertainty and doubt, since its own framework is also under internal and external criticism. There has been a series of protocols made in order to tackle the problems of the DSM and to further fix the problems that hinder the cooperation as well as the productivity of MERCOSUR's intra-organisation, all guided by intergovernmental decision-making. As such, this book seeks to tackle the concept of regionalism and the possible models which have been used or have influenced the establishment of MERCOSUR, while discussing the different aspects and developments of each intra-organisation. This is done in order to evaluate the nature of the problem, and future developments that could take place. The book also focuses on the prevalence of politicization in MERCOSUR and the pre-eminence of Presidential Diplomacy over the path of regional integration, which influence the DSM of MERCOSUR and possible developments that might occur in the near future.

The New Frontiers of Fashion Law

The New Frontiers of Fashion Law
Author: Rossella Esther Cerchia
Publisher: MDPI
Total Pages: 160
Release: 2021-01-13
Genre: Social Science
ISBN: 3039437070

Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.