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European Tort Law, 2nd Edition

European Tort Law, 2nd Edition

作者： Cees van Dam
出版商： Oxford University Press
ISBN: 9780199672271
出版时间 August 2014
规格： Paperback , 654 pages
适应领域： European Union ? 免责申明：
Countri(es) stated herein are used as reference only

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- The only English-language volume providing a detailed, comparative introduction to European Tort Law
- Examines French, German, English, and EU tort law in conjunction with the European Convention on Human Rights
- Includes the recent developments in the case law of the highest domestic courts as well as the Court of Justice of the European Union and the European Court of Human Rights
New to this edition
- Explains the role of tort law in the context of human rights violations by states and businesses, offering a valuable resource for European human rights lawyers
- Discusses cultural diversity and its impact on legal systems, offering a deeper understanding of the differences between jurisdictions and the consequences for European harmonization
The new edition of European Tort Law provides an extensive revision and update of the only English language handbook in this constantly evolving area. The coverage in the new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the Court of Justice of the European Union, and the highest courts in France, Germany, and England.

The first part of the book, Systems of Liability, provides chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter gives an overall view of the European field, linking the variety of rules with cultural diversity, examining the consequences for European harmonization, and emphasizing the importance of a European policy discourse.

The second part, Requirements for Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: rights and protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. It also discusses the role of tort law in protecting human rights against violations by the state and by multinational corporations.

The final part, Categories of Liability, assesses how national and supranational rules are applied in a number of categories, such as in liability for motor vehicles, defective products, and defective premises, in liability for children, employees, and subsidiaries, as well as in cases of nuisance, environmental liability, and liability of public bodies.

Readership: Students, academics, and practitioners specializing in tort law, European Union law, human rights law, European private law, and comparative law
I Systems of Liability
1: Introduction
2: Europe
3: France
4: Germany
5: England
6: Ius Commune
II Requirements of Liability
7: Protected Rights and Interests
8: Intention and Negligence
9: Violation of a Statutory Rule
10: Strict Liability
11: Causation
12: Damage and Damages
III Categories of Liability
13: Introduction
14: Liability for Movable Objects
15: Liability for Immovable Objects
16: Liability for Other Persons
17: Liability in Emergency Cases
18: Liability of Public Authorities
Professor Cees van Dam is a London based legal consultant, advising in matters of Tort Law, European Union Law, Business and Human Rights, and Cultural Diversity. He is Visiting Professor at King's College London, Professor of International Business and Human Rights at the Rotterdam School of Management, Erasmus University, and Honorary Professor of European Private Law at Utrecht University. Cees van Dam was Professorial Fellow and Director of the European and Comparative Law Programme at the British Institute of International and Comparative Law in London (2004-2007). Before moving to London he was Professor of Private Law at the VU University in Amsterdam (1992-2004). Prior to this tenure he was a staff member at the Ministry of Justice in The Netherlands, where he worked on the new Dutch Civil Code, European Directives, and international treaties.
Review(s) from previous edition

"The present book is an excellent start to encourage a European policy discourse and to make it fruitful. From that angle, it is excellent reading for a large audience of academics and practitioners, students and teachers within the European Union and beyond. - Walter van Gerven (from the first edition preface)

"It is a magnum opus, well thought through and edited in a splendid style that greatly stimulates the reader to enter this new area of law." - Professor Ewoud Hondius, Nederlands Tijdschrift voor Burgerlijk Recht, NTBR

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