Personality Rights In European Tort Law
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| Author | : Gert Brüggemeier |
| Publisher | : Cambridge University Press |
| Total Pages | : 621 |
| Release | : 2010-04-15 |
| Genre | : Law |
| ISBN | : 113948429X |
This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.
| Author | : C. C. van Dam |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 654 |
| Release | : 2013-03-21 |
| Genre | : Law |
| ISBN | : 0199672261 |
This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.
| Author | : Attila Fenyves |
| Publisher | : Walter de Gruyter |
| Total Pages | : 933 |
| Release | : 2011-11-30 |
| Genre | : Law |
| ISBN | : 311026000X |
The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.
| Author | : European Group on Tort Law |
| Publisher | : Springer |
| Total Pages | : 282 |
| Release | : 2009-09-02 |
| Genre | : Law |
| ISBN | : 9783211100103 |
The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.
| Author | : Marta Infantino |
| Publisher | : Cambridge University Press |
| Total Pages | : 785 |
| Release | : 2017-12-28 |
| Genre | : Law |
| ISBN | : 1108418368 |
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
| Author | : Huw Beverley-Smith |
| Publisher | : Cambridge University Press |
| Total Pages | : 403 |
| Release | : 2002-08-15 |
| Genre | : Law |
| ISBN | : 1139433717 |
Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.
| Author | : Paula Giliker |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 513 |
| Release | : 2017-10-27 |
| Genre | : Law |
| ISBN | : 178536572X |
The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
| Author | : Mauro Bussani |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 584 |
| Release | : 2021-02-26 |
| Genre | : Law |
| ISBN | : 1789905982 |
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
| Author | : Aurelia Colombi Ciacchi |
| Publisher | : |
| Total Pages | : 591 |
| Release | : 2010 |
| Genre | : Electronic books |
| ISBN | : 9780511683473 |
This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.
| Author | : Gemma Turton |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 442 |
| Release | : 2016-05-19 |
| Genre | : Law |
| ISBN | : 1509900330 |
This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.
