Suchergebnisse

Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context. Drawing from a wide range of legal systems this study seeks to uncover the underlying similarities and contrasts between the many different approaches taken to the problems of medical malpractice and compensation for medical injuries.

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 contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.

In recent decades, the liability of public authorities has been one of the main areas of development in tort law in Europe, with major reforms implemented or considered at a national level and a steady stream of major court decisions. During the same period, 'Member State liability' has also been recognized in the law of the EU, and the interplay of principles of national and EU law - and additionally, the 'just satisfaction' jurisprudence of the European Court of Human Rights - warrants close attention. In this context, the present study contributes to the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions), to facilitate its enhancement where necessary or desirable, and to consider the possibilities for harmonization in the area - specifically, through the extension and adaptation of the Principles of European Tort Law to cover public authority liability --Back cover

Compensation for loss of housekeeping capacity is one of the main heads of damages awarded for personal injury, and therefore of great practical importance to both accident victims and liability insurers. But it has received little scholarly attention from a comparative perspective. This study examines national approaches to the award of such damages and draws comparative conclusions, addressing both the concepts employed in different national systems and, through practical case studies, the quantum of compensation in individual cases. Ernst Karner, Institut für Europäisches Schadenersatzrecht, Wien; Ken Oliphant, Institut für Europäisches Schadenersatzrecht, Wien.

Intro -- Preface -- Overview -- Table of Contents -- Abbreviations -- Questionnaire Structure -- A. Introduction -- 1. General Overview -- B. The Nature of the Misconduct Required -- 2. Forms of Misconduct -- C. The Required Standard of Conduct -- 3. Criteria for Assessment -- 4. The Relevance of Statutory Norms -- 5. The Relevance of Non-Statutory Norms -- D. An Objective or Subjective Standard? -- 6. Special Skill or Expertise -- 7. Inexperience or Lack of Skill -- 8. Age -- 9. Physical Disability -- 10. Mental Disability -- 11. Incapacity due to Drugs or Alcohol -- 12. Incapacity due to Other Transient Factors -- E. Degrees of Misconduct -- 13. Degrees of Misconduct -- F. Grounds of Justification -- 14. Self-Defence and Other Grounds of Justification -- 15. Self-Defence against Non-Misconduct -- G. Other Issues -- 16. Additional Questions -- Contributors -- Publications -- Index

The protection of personality rights in comparative perspective : basic questions / Barbara C. Steininger -- Personality rights in different European legal systems : privacy, dignity, honour, and reputation / Eva Ondreasova -- The protection of personality rights in private law : remedies / Monika Hinteregger -- Human rights and the protection of personality rights in Europe : comparative reflections / Ernst Karner -- Codifying personality rights in China : legislative innovation or scaremongering? / Chen Lei -- The structure of the interest in personality and the introduction of a statutory right of personality / Zhang Pinghua -- Personality rights and the Internet in Europe / Laura Emilia Weissel -- The right to privacy in the Internet age : the Chinese perspective / Wang Jia -- Personality rights, the mass media, and the European Convention on Human Rights / Thomas Thiede -- Protection of patient personality rights in China / Ding Chunyan -- On the independence of personalities and restrictions on the status of spouses / Fan Liying

Where products develop ever more rapidly, the law may face difficulties in responding accordingly to new security threats which may arise. In the field of product liability, an extraordinary need for legal development has thus been perceived, with legislators and judges feeling compelled to find new solutions and to look across borders for these. In the detailed reports in this book, the World Tort Law Society proves that it is in an ideal position to examine the most significant concepts. The report on North America studies the special regime for product liability from its origin in the case law of the US; the European report is centred around the EU Product Liability Directive with its merits and faults; and the influence of these two systems as well as new answers are shown in the reports on Asia, Russia and four key jurisdictions in the rest of the world. Similar questions are discussed worldwide: How can a strict liability regime for products be justified, and can it be justified in all cases? How does the special regime relate to general rules of tort law? Should services be subject to a similar regime? The Members of the Society seek to provoke thought for solutions to these pervasive problems. In this spirit, the volume's comparative conclusions invite discussion, and the book includes four responses to that call from eminent tort lawyers from different legal backgrounds.

On 13 December 2002, the plenary Assembly of the French Supreme Court ruled upon two cases related to parents? liability on actions of their minor children (Bull. Ass. Plen., No. 3 and No. 4, D. 2003, 231, note P. Jourdain). This was the opportunity for the Court to assert again that ?in order to seek for the rightful liability of father and mother who have parental responsibility for a minor living with them, it is enough that the damage put forward by the victim is directly caused, even when not at fault, by the minor; and that only force majeure or the victim?s fault can exempt the father and mother from this liability?.
Actual circumstances under which these cases have been ruled are very common. In the first case, during a sport training class, a minor fell, loosing his balance, on one of his classmates, kicking him at the head. In the second case, during an improvised rugby game between teenagers, one of them was wounded, while standing up again, by the fall of the player holding the ball, the fall of the latter being caused by the tackle of a third player.