Dam Cees Van: European Tort Law
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Жанр : Oxford University Press
Издательство : Oxford University Press
Год издания : 2006
Аннотация:
- Brings together French, German and English tort law, European Community tort law and the case law of the European Court of Human Rights — Gives a concise and up to date account of how the various tort law systems work and how they are intertwined — Examines the relationships between cultures and policies of the different systems This is the first textbook on European tort law. It provides insight into the differences and commonalities between the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, Community law and human rights law. The author shows that European tort law is still a matter of diversity rather than harmony, particularly at policy level. However, he also underlines that Community law and the European Convention on Human Rights are powerful engines for harmonization. For this reason, European tort law is of growing importance for practitioners and academics as European integration progresses. The first part of the book (Systems of Liability ) provides an overview of the state of affairs of the tort law systems of France, Germany and England, and of the European Union. In a concluding chapter the author compares the various rules, cultures and policies of the legal systems and demonstrates the need for a European policy discourse. The second part (Requirements of Liability ) analyzes and compares the requirements for liability in the various tort law systems: protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. The final part (Categories of Liability ) also assumes a comparative and supranational point of view. It shows how national and European rules are applied in a number of categories, such as liability of public bodies, liability for defective products, motor vehicles, employees, children, premises and highways, and for environmental damage. The book is written in a concise yet clear style. Brief accounts of numerous cases elucidate the breadth and depth of European tort law.