|
Showing 1 - 2 of
2 matches in All Departments
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.
Statutory obligations to take out liability insurance are, in
practice, the most important means to ensure compensability of
damage arising from dangerous activities. However, in contrast to
the significant practical impact, academic research on the topic
has not been extensive so far. This study, therefore, undertakes a
comprehensive survey of compulsory liability insurance from nine
national perspectives (Austria, Belgium, the Czech Republic,
Finland, Germany, Hungary, Italy, Switzerland, and the United
Kingdom) and takes constitutional and European law (four freedoms,
European Convention on Human Rights) as well as the Principles of
European Insurance Contract Law (PEICL) into account. It also
contains an extensive economic analysis of compulsory liability
insurance and discusses aspects of insurability. A Comparative
Report, Conclusions and an Annex containing a compilation of rules
on compulsory liability insurance in the nine national legal
systems complete the study. It considers in particular: the aims of
provisions stating an obligation to take out liability insurance
the mandatory content of insurance cover the protection mechanisms
linked to compulsory liability insurance the control mechanisms and
the sanctions imposed structural deficiencies of existing
compulsory liability insurance systems
|
You may like...
Paris Cat
Dianne Hofmeyr
Paperback
R260
R65
Discovery Miles 650
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
|