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The Influence of Human Rights and Basic Rights in Private Law
This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
Challenges of Communication in a Context of Crisis
This book questions the political tools and the basis upon which the values of an informed and objective communication rest, and that nowadays encompass most of the ordinary situations encountered in institutions. What is the fate of the involuntary drifts of communication, such as disturbances, misunderstandings and troubles, in the use of decision-making tools, participatory mechanisms, and the establishment of contractual procedures or informed consent practices? How do they open a discordant and potentially critical gap in the protocols and assessment and categorization measures that govern these institutions? How can the virtues of these drifts, whether in the exercise of sociological research or of scientific discovery be revalued? Crisis situations seem implicitly or explicitly to involve communicative issues. The efforts of normative framing of communication and of information formatting are then numerous. However, as this book shows, one can question not only the effectiveness of these efforts, but also how the actors receive them and how they transform the actual modalities of their communication processes.
The Recovery of Non-Pecuniary Loss in European Contract Law
A pioneering work capturing the recent rise of moral damages in modern European contract law.
Comparative Law of Obligations
This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.
Essential Cases on the Limits of Liability
European legal systems have developed a broad range of instruments aimed at limiting liability. These instruments are systematically examined within the present volume, which builds on the experience gathered in the various jurisdictions over the past decades and thereby fills a major gap in tort law literature. The publication contains a selection of the most important cases from 27 states across Europe as well as decisions by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and accompanied by an analytical commentary. In addition, comparative analyses of the reported cases are provided and a special report is dedicated to how key cases would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.
Regulating Unfair Banking Practices in Europe
Private persons often stand surety for a business debt incurred by family members, friends, or employers. These suretyships are commonly banking guarantees contracted by means of standard terms. Sometimes the guarantor signs the contract while he/she is not aware of the financial risk related to the guarantee. He or she may not even know what a suretyship is. But in other circumstances the guarantor may be well aware of the risk, but may nonetheless assume it because of strong emotional ties which exist between him/her and the main debtor. How, then, (if at all) does the law address the potential for 'unfairness' in such situations? Some systems choose to rely on objective criteria, such as ...
2022
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2023
The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2022, the authors critically assess important court decisions and new legislation, and provide a literature overview.
Do ato médico ao problema jurídico
A responsabilidade médica esteve durante décadas afastada dos nossos tribunais. O respeito pela ideia de paternalismo médico, por um lado, e um enorme desconhecimento face aos mistérios das leges artis, por outro lado, mantiveram as faltas médicas a salvo do mundo jurídico. Hoje em dia o cenário tende a reverter-se, e encontramos mesmo decisões que parecem exigir aos médicos uma garantia de sucesso, esquecendo assim, não apenas as vicissitudes intrínsecas à ciência médica, como os próprios pressupostos da responsabilidade jurídica civil e criminal. Algures, entre o nada e o tudo, segue-se um breve comentário à jurisprudência nacional (e também internacional) sobre a responsabilidade que cabe aos profissionais médicos à luz do quando jurídico existente.
