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Comparative Studies in the Development of the Law of Torts in Europe

Comparative Studies in the Development of the Law of Torts in Europe

  • Author:
  • Publisher: Cambridge University Press
  • ISBN: 9780521199537
  • Published In: April 2010
  • Format: Hardback (6 volumes)
  • Jurisdiction: Europe ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Details

    This six-volume set contains the results of the first stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault.

    By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history, and one which is theoretically better informed.

    • Presents a full picture of the development of the law since 1850
    • Legal systems are examined from a comparative and an historical perspective
    • All volumes provide overview chapters that draw out the issues from national reports
    The Six Volumes are:-
    • Volume 1. The Development of Product Liability
    • Volume 2. The Development of Liability between Neighbours
    • Volume 3. The Development of Medical Liability
    • Volume 4. The Development of Liability in Relation to Technological Change
    • Volume 5. The Development of Traffic Liability
    • Volume 6. The Development and Making of Legal Doctrine

  • Contents:
    Volume
    1. The Development of Product Liability:
    1. Introduction to fault in product liability Simon Whittaker
    2. The development of product liability in England Simon Whittaker
    3. The development of product liability in French law Jean-Sébastien Borghetti
    4. The development of product liability in Germany Gerhard Wagner
    5. The development of product liability in the Netherlands Ivo Giesen
    6. The development of product liability in Italy Nadia Coggiola
    7. The development of product liability in Spain Miquel Martín-Casals and Josep Solé Feliu
    Appendix: code provisions.
    Volume
    2. The Development of Liability between Neighbours:
    1. Introduction to disturbances among neighbours James Gordley
    2. Relationships between neighbours: England and Wales 1850–2000 Paula Giliker
    3. Disturbances among neighbours in French law James Gordley
    4. Disturbances between neighbours in Germany 1850–2000 Andreas Their
    5. Fault liability between neighbours in the Netherlands 1850–2000 A. J. Verheij
    6. Neighbourhood liability in Scotland 1850–2000 Gordon Cameron
    7. Relations between neighbours in Spanish law 1850–2000 Aniceto Masferrer
    Main code provisions cited.
    Volume
    3. The Development of Medical Liability:
    1. General introduction Ewoud Hondius
    2. The development of medical liability in England and Wales Warren Swain
    3. The development of medical liability in Scotland Niall Whitty
    4. The development of medical liability and accident compensation in France Simon Taylor
    5. The development of medical liability in Austria Bernhard Koch
    6. The development of medical liability in the Netherlands Ewoud Hondius
    7. The development of medical liability in Spain María Paz García Rubio and Belén Trigo García.
    Volume
    4. The Development of Liability in Relation to Technological Change:
    1. General introduction Miquel Martin-Casals
    2. Technological change and the development of liability for fault in England and Wales Jonathan Morgan
    3. Technological change and the development of liability for fault in France Yvonne Salmon
    4. Technological change and the development of liability for fault in Germany Jens Scherpe
    5. Technological change and the development of liability for fault in Italy Chiara Favilli
    6. Technological change and the development of liability for fault in Spain Miquel Martín-Casals and Jordi Ribot.
    Volume
    5. The Development of Traffic Liability:
    1. General introduction Wolfgang Ernst
    2. The development of traffic liability in England and Wales Roderick Bagshaw
    3. The development of traffic liability in France Anne Guégan-Lécuyer
    4. The development of traffic liability in Germany Sebastian Lohsse
    5. The development of traffic liability in the Netherlands Cees van Dam and Gerrit van Maanen
    6. The development of traffic liability in Spain Isabel González Pacanowksa
    7. The development of traffic liability in Sweden Sandra Friberg and Bill W. Dufwa
    Main code provisions cited.
    Volume
    6. The Development and Making of Legal Doctrine:
    1. The development of legal doctrine in Europe: extracontractual liability for fault Nils Jansen
    2. The tort of negligence in England David Ibbetson
    3. French doctrinal writing Jean-Louis Halpérin
    4. Developing legal doctrine: fault in the German law of delict Nils Jansen
    5. Fault in legal doctrine in the Netherlands Antoine Hol
    5. Liability for fault in Italian law: the development of legal doctrine from 1865 to the end of the twentieth century Michele Graziadei
    7. The development of legal doctrine on fault in Spanish tort law Miquel Martín-Casals and Albert Ruda
    8. Scandinavian exceptionalism: the development of modern Swedish tort law Kjell Å Modéer.

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