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| Author | : Ken Oliphant |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Administrative responsibility |
| ISBN | : 9781780682389 |
This study explores the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions).
| Author | : Duncan Fairgrieve |
| Publisher | : British Institute for International & Comparative Law |
| Total Pages | : 624 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : |
This book examines the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.
| Author | : Giacinto della Cananea |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 401 |
| Release | : 2021-01-15 |
| Genre | : Law |
| ISBN | : 0198867557 |
Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume considers tort liabilities in European public authorities. It looks at several European countries, using case studies to compare administrative laws across the EU.
| Author | : Cherie Booth |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 0 |
| Release | : 2006 |
| Genre | : Administrative responsibility |
| ISBN | : 9780199265411 |
This is a thorough account of the law on the negligence liability of public authorities, providing practical guidance as well as a clear analysis of this developing area of law.
| Author | : Paula Giliker |
| Publisher | : Cambridge University Press |
| Total Pages | : 331 |
| Release | : 2010-10-28 |
| Genre | : Law |
| ISBN | : 1139493078 |
Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
| Author | : Jean-Sébastien Borghetti |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 548 |
| Release | : 2019-12-26 |
| Genre | : Law |
| ISBN | : 150992728X |
The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
| Author | : Piotr Mikuli |
| Publisher | : Routledge |
| Total Pages | : 225 |
| Release | : 2021-08-12 |
| Genre | : Law |
| ISBN | : 1000424677 |
This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.
| Author | : Stephan W. Schill |
| Publisher | : Oxford University Press |
| Total Pages | : 922 |
| Release | : 2010-10-14 |
| Genre | : Law |
| ISBN | : 0199589100 |
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
| Author | : Peter Cane |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 1169 |
| Release | : 2021-01-17 |
| Genre | : Law |
| ISBN | : 0198799985 |
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
| Author | : Dobrochna Bach-Golecka |
| Publisher | : Springer Nature |
| Total Pages | : 458 |
| Release | : 2021-05-16 |
| Genre | : Law |
| ISBN | : 3030670007 |
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
