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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.
2022
None
Beweisrecht in Der Europäischen Union
This important book, the fifth in the Civil Procedure in Europe series, provides a comparative overview, of 13 EU countries and Switzerland, on the law of evidence. Each country's practice in this area is described and analysed by a national expert distinguished in the field of civil procedural law. The contributions are written in either English, French or German, and are followed by summaries in both remaining languages. Bibliographies are included to enable the reader to locate material for further study. A comparative contribution by the editor, Professor Jose Lebre de Freitas, analyses the similarities and differences between the various European systems. Furthermore, the editor discusses attempts to harmonise the law of evidence in Europe and provides concrete suggestions for a future harmonisation or unification of this area of law. The countries covered are Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden and Switzerland.
Non-University Higher Education in Europe
Today, a substantial portion of higher education is provided outside of the traditional universities in non-university institutions with a multitude of varied characteristics. In recent decades, higher education systems have been subjected to many changes and reforms throughout the world. One of the most important was undoubtedly the expansion of higher education in the second half of the last century from an elite system to one for the masses. While institutions of higher learning have been in existence for approximately 1,000 years, this exponential growth has been much more recent. This movement toward mass higher education has created substantial national impacts on the development of th...
Directors & Officers (D & O) Liability
In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.
The Paradoxical Republic
This title explores paradoxical perceptions about Austria in regard to its approach to immigration, the EU and historical events.
Essential Cases on Misconduct
The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contai...
Flexibility in Modern Business Law
This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law – in particular, that it be more agile or “flexible” in regulating the economy – have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.
Media and Change Management
Change management is not just affected globally by environmental and social conditions, including political and technological changes, but also through convergence, which helps conceptualize change over the past decades. The media industry, in particular, is being challenged by the rise of social media, the crisis of refinancing especially for quality news media, the ‘misinformation epidemic’, and the changing role of legacy media. The evolving nature of media usage and communication, the rise of produsage and influencers, and intermediaries and their personalized algorithmic content are also factors that impact the industry, along with data privacy and privacy management, and the “new...
Recht im Sport
Recht im Sport bietet allen, die Sport privat, beruflich oder institutionell ausüben, einen verständlichen und ansprechenden Überblick der rechtlichen Rahmenbedingungen auf nationaler und internationaler Ebene. Dr. Franziska Jaufer, LL.M. ist rechtsanwaltsgeprüfte Juristin und Expertin für Recht im Sport.
