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Fundamental Rights and Private Law in Europe - The Case of Tort Law and Children (Paperback)
Loot Price: R1,412
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Fundamental Rights and Private Law in Europe - The Case of Tort Law and Children (Paperback)
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The book explores, from a comparative and inter-disciplinary
perspective, the relationship between fundamental rights and
private law in Europe, a debate usually referred to as Drittwirkung
or 'horizontal effect of fundamental rights'. It discusses the
different models of 'horizontal effect' and the impact that
fundamental rights may have in shaping tort law, especially the
position of child tortfeasors. The book concentrates on several
European jurisdictions, namely France, Italy, Germany, Portugal,
Sweden, Finland, and England and Wales. At a crossroad between
human rights and European private law, this study draws insights
from several legal fields (international, European, tort,
constitutional and child law), sociology, psychology, and feminist
studies. It also considers policy implications and advances
proposals which would ensure the optimisation of the effect, and
maximisation of the effectiveness, of fundamental rights in tort
law, and more generally in private law. This book departs from
traditional legal doctrines and offers a more pragmatic,
comprehensive and just legal analysis of the role of fundamental
rights in private law. It will be of interest to undergraduate and
postgraduate students, academics, practitioners, policy-makers and
activists with an interest in human rights, tort law, comparative
law, children's rights and European private law.
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