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Author: Jonas Knetsch
Publisher: Kluwer Law International B.V.
ISBN: 940353575X
Category : Law
Languages : en
Pages : 310
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Book Description
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 France. 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. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. 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 France. 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.
Author: Jonas Knetsch
Publisher: Kluwer Law International B.V.
ISBN: 940353575X
Category : Law
Languages : en
Pages : 310
Get Book
Book Description
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 France. 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. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. 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 France. 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.
Author: Jean-Sébastien Borghetti
Publisher: Bloomsbury Publishing
ISBN: 150992728X
Category : Law
Languages : en
Pages : 548
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Book Description
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: Jean-Sébastien Borghetti
Publisher: Hart Publishing
ISBN: 9781509927302
Category : Liability (Law)
Languages : en
Pages : 0
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Book Description
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 of 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 area of French law in the light of these proposals 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 policy of French lawyers as well as the possible directions in which this area of the law may be developed in the future
Author: LL.D., Dr Samuel Bezzina, Samuel LL.B., N.P.(Dip.), LL.D.
Publisher: CreateSpace
ISBN: 9781502385338
Category :
Languages : en
Pages : 148
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Book Description
This book will compare various different European Tort law regimes with emphasis on indirect liability for things. French courts seem to have developed the notion of responsibility without fault in such a way and to such an extent that it seems, prima facie, that the custodian is responsible for any damage which is caused by the thing under his custody, and that he cannot simply prove the absence of his fault in order to escape liability. The thesis looks at the mechanisms of this notion, together with the possible exonerations available as a defence for the defendant. The rigorous approach to civil responsibility in the Code Civil had to be revised by jurists at the end of the nineteenth century. This is mainly because the precarious condition of victims of accidents of work necessitated such re-evaluation. In most countries, liability is based on the classical notion of fault. Germany was the first country to deviate from the principle of fault, although this was originally very limited and only a closed group of victims could benefit. Originally, the wording of the French article, on which today liability without fault is based, was interpreted as referring only to liability for animals and buildings. Eventually, however, the meaning was extended to include all things which cause harm, and not only buildings or animals. In French law the position is very clear. There are only three conditions for exoneration: force majeure, acts of third parties, contributory fault. At Common Law, we find the court-developed concept of 'res ipsa loquitur'. This maxim means that the thing speaks for itself. It allows the claimant to succeed in an action for negligence even when there is absolutely no evidence as to what caused the accident and therefore of whether it was attributable to negligence on the part of the defendant. Under Austrian Law, while the principle of fault is the most important pillar of the law of delict, it is to be observed that the Austrian court has applied by analogy the provisions of strict liability to circumstances not provided for by the law. The position in Malta seems to be that the sections of fault liability cannot be extended by analogy to other instances not found in the law. The thesis will arrive to a conclusion as to whether the principle of liability without fault would be a better alternative to Maltese fault liability.
Author: Cees van Dam
Publisher: Oxford University Press
ISBN: 0199672261
Category : Law
Languages : en
Pages : 654
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Book Description
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: E. Picard
Publisher: Kluwer Law International B.V.
ISBN: 9041142045
Category : Law
Languages : en
Pages : 527
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Book Description
Introduction to French Law is a very practical book that makes clear sense out of the complex results of the complex bodies of law that govern the most important fields of law and legal practice in France today. Seventeen chapters, each written by a distinguished French legal scholar, cover the following field in substantive and procedural detail, with lucid explanations of French law in the fields such as Constitutional Law , European Union Law, Administrative Law, Criminal Law , Property Law , Intellectual Property Law , Contract Law , Tort Liability, Family Law, Inheritance Law , Civil Procedure, Company Law, Competition Law , Labour Law , Tax Law and. Private International Law
Author: European Group on Tort Law
Publisher: Springer
ISBN: 9783211100103
Category : Law
Languages : en
Pages : 282
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Book Description
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: Tjong Tjin Tai, Eric
Publisher: Edward Elgar Publishing
ISBN: 1803924365
Category : Law
Languages : en
Pages : 225
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Book Description
This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook.
Author: Brice Dickson
Publisher: Pitman Publishing
ISBN:
Category : Law
Languages : en
Pages : 300
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Book Description
Aims to provide comprehensive coverage of the French legal system. The text is comparative in its approach to institutions and principles in English and French law and concentrates on the "law in action". The author uses analysis to highlight the differences between the two legal systems.
Author: Jean-Michel Marmayou
Publisher: Kluwer Law International B.V.
ISBN: 9403512024
Category : Law
Languages : en
Pages : 371
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in France deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self-regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.
