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Markesinis's German Law of Torts 5th ed

Markesinis's German Law of Torts 5th ed

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509952069
  • 出版时间 May 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509933198
¥1,175.00
发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world's leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life.

  • 1. Introduction
    I. A Bird's Eye View of the Organisation of the German Courts in Civil Matters
    II. Style, Form and Content of Argument in the Judgments of the German Supreme Court
    III. Some Preliminary Observations on the BGB in General and the Delict Provisions in Particular
    IV. The Constitutionalisation of Private Law
    V. Amending the Civil Code
    VI. Bibliographical Survey
    2. Breach of Protected Interests (§ 823 I BGB)
    I. Introductory Remarks
    II. The Rights and Interests Protected by § 823 I BGB
    III. Unlawfulness and Fault
    IV. The Duties of Care
    V. Causation
    4. Specific Areas of Liability Under the Code: Economic Loss and Products
    I. Economic Loss
    II. Liability for Untrue Statements Under § 824 BGB
    III. Delictual Liability for Products
    IV. Strict Liability?
    V. The Fowl Pest Decision of 1968 and the Move from Contract to Delict
    VI. The Various Forms of Product Liability
    5. Liability for Others
    I. The Tortious Liability for 'Employees': §§ 831, 278 BGB
    II. The Escape into Contract: § 278 BGB
    III. Liability Regimes in Labour Law
    IV. Liability for those in Need of Supervision, Especially Children: § 832 BGB
    6. Medical Liability (Colm McGrath)
    I. Introduction
    II. The Doctrinal Basis of Medical Liability Claims
    III. Types of Claim
    IV. Procedural Indulgences
    V. Extra-Judicial Alternatives
    7. No-Fault Liability
    I. German Approaches to No-Fault Liability
    8. The Liability of Public Authorities
    I. Liability Under § 839 BGB and Article 34 GG
    II. No-Fault Liability of the Administration: Expropriation and Sacrificial Encroachment
    9. The Law of Damages
    I. Preliminary Observations
    II. Personal Injury (Pecuniary Losses)
    III. Personal Injury (Non-Pecuniary Losses)
    IV. Ricochet Damage in the Context of Accidents
    V. Interference with the General Right to One's Personality
    VI. Damage to Property

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