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Tort Law in the Jurisprudence of the European Court of Human Rights (Hardcover)
Loot Price: R7,166
Discovery Miles 71 660
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Tort Law in the Jurisprudence of the European Court of Human Rights (Hardcover)
Series: Tort and Insurance Law
Expected to ship within 12 - 17 working days
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The goal of this study is to provide a general overview and
thorough analysis of how the European Court of Human Rights deals
with tort law issues such as damage, causation, wrongfulness and
fault, the protective purpose of rules, remedies and the reduction
of damages when applying art 41 of the European Convention on Human
Rights (ECHR). These issues have been examined on the basis of a
comprehensive selection and detailed analysis of the Court's
judgments and the results compared with different European legal
systems (Austria, Belgium, England and Wales, France, Germany,
Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain,
Switzerland and Turkey), EC Tort Law and the Principles of European
Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a
compromise and the issues it raises now, the methodological
approaches to the tort law of the ECHR, the perspectives of human
rights and tort law and public international law as well as the
question of whether the reparation awarded to victims of ECHR
violations can be considered real 'just' satisfaction are addressed
in five special reports (two of which are also available in
German). Concluding remarks try to summarise the outcome.
General
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