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Justifying Strict Liability
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justif...
Non-contractual Liability Arising Out of Damage Caused to Another
In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another - in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict - is the area of law which determines whether one who has suffered a damage, can on that account demand reparation - in money or in kind - from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dang...
Benevolent Intervention in Another's Affairs
In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.
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.
Executory Contracts in Insolvency Law
Executory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe.
Good Faith in European Contract Law
For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.
Trade Usages and Implied Terms in the Age of Arbitration
If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. This recourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing. Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in t...
Computational Science and Its Applications – ICCSA 2020
The seven volumes LNCS 12249-12255 constitute the refereed proceedings of the 20th International Conference on Computational Science and Its Applications, ICCSA 2020, held in Cagliari, Italy, in July 2020. Due to COVID-19 pandemic the conference was organized in an online event. Computational Science is the main pillar of most of the present research, industrial and commercial applications, and plays a unique role in exploiting ICT innovative technologies. The 466 full papers and 32 short papers presented were carefully reviewed and selected from 1450 submissions. Apart from the general track, ICCSA 2020 also include 52 workshops, in various areas of computational sciences, ranging from computational science technologies, to specific areas of computational sciences, such as software engineering, security, machine learning and artificial intelligence, blockchain technologies, and of applications in many fields.
The Yearbook of Consumer Law 2007
The Yearbook of Consumer Law provides a valuable outlet for high-quality scholarly work which tracks developments in the consumer law field with a domestic, regional and international dimension.
Responsabilidade Civil por Violação de Deveres no Tráfego
(...) A expansão dos deveres no tráfego. Breve conspecto A responsabilidade por omissões das necessárias medidas de cuidado para precaver os perigos próprios de imóveis no contexto da criação ou manutenção de espaços abertos à circulação pública, constituiu assim o enquadramento inicial em torno do qual se começou por sedimentar a autonomia material dos deveres no tráfego. A decisão de 1921 já prenunciava, contudo, um sensível alargamento do seu papel económico e social, facultado pela amplitude potencial da ideia fundamental que lhes subjazia. Com efeito, cedo se percebeu que a elasticidade dos deveres no tráfego lhes conferia suficiente proficiência para os habilitar a desempenhar novas funções na generalidade dos setores constitutivos do tráfego geral, nos quais a sua intervenção também se revelou uma adequada resposta jurídica aos problemas que, entretanto, iam surgindo. Essa perspectiva foi plenamente confirmada pela evolução subsequente, que cumpre examinar de forma detida, antes de formular as primeiras extrapolações dogmáticas. (...) Da Introdução
