Juristen, Mediziner, Pharmazeuten und versicherungsrechtlich Interessierte finden in diesem Werk ein Kompendium, das die ganze Bandbreite des Medizin- und Haftungsrechts erfasst. Versicherungsrechtliche Problemstellungen und weitere Grundfragen des Privatrechts sind gleichfalls mit einbezogen. Hochkaratige Autoren aus den Bereichen der Jurisprudenz und der Medizin, aus Wissenschaft und Praxis geben Antworten auf zentrale Fragen zu Entwicklungen, zu aktuellen Brennpunkten und zu Perspektiven der genannten Gebiete. Den thematischen Gegenstanden, insbesondere der Medizin und seinen Rechtsfragen entsprechend werden intradisziplinar die uberkommenen Grenzen des Zivil-, Straf- und Offentlichen Rechts uberschritten. Die internationale Ausrichtung des Gesamtwerkes uberwindet die Einengungen des nationalen Rechts. Schliesslich wird die interdisziplinare Dimension von Recht, Haftung und Medizin in das Blickfeld geruckt. Mit ihren Beitragen ehren die Autoren anlasslich seines achtzigsten Geburtstages Erwin Deutsch, den in Deutschland und weit daruber hinaus hochgeschatzten Pionier und Grand Seigneur des Medizin- und Haftungsrechts."

This book is the second of a two-volume treatise on the law of non-contractual obligations. The result of a unique attempt to discover the common elements of the law of torts of all the member states of the EU, it is founded on the belief that the approximation of European laws should not be left to the directives and regulations of Brussels alone. To this end, von Bar has undertaken a thorough detailed analysis of the relevant court rulings and academic writings of all the jurisdictions of the European Union to distil a common European law of torts. The insights gained from the comparative analysis also offer a guidance to greater harmonization in the future. This second volume commences with a chapter on loss, damage, and damages, before proceeding with a detailed analysis of liability for breach of duty. This third chapter is devoted to strict liability, the fourth to causation and remoteness of damage, and the fifth to general defences.

[Divorce; Contents Decree]The updated edition of the volume pertaining to AA 1564-1568 and the Contents Decree updates the text to the current level of jurisprudence. It also debates, amongst other things, the possibilities of legal policy reactions to the increasing phenomenon of false mutual divorces. The volume can by definition not be viewed in isolation from the Divorce Association. It combines volumes on post-marital maintenance, pension rights adjustments, parental care and international divorce law to provide a comprehensive presentation of divorce and its consequences.

This awe-inspiring book is the first of a two volume treatise on the law of non-contractual obligations. The result of a unique attempt to discover the common elements of the law of torts of all the member states of the European Union, it is founded on the belief that the approximation of European laws should not be left to the directives and regulations of Brussels alone. To this end, von Bar has undertaken a thorough, detailed and extensive analysis of the relevant court rulings and academic writings of all the jurisdictions of the European Union to distill a common European law of torts. The insights gained from the comparative analysis also offer a guidance to greater harmonisation in the future. It is destined to become a landmark in the area of comparative law in general, and comparative torts in particular.

Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market.
Like the Commission on European Contract Law's "Principles of European Contract Law," the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanization of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law.
The principles furnish each of the national jurisdictions a grid of reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for molding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model.
The "Principles of European Law" are published in co-operation with Bruylant (Belgium), Oxford University Press (United Kingdom) and Staempfli Publishers Ltd. (Switzerland).

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany), Staempfli Publishers Ltd. (Switzerland).

[Pension Rigths Adjustment]The new 2004 edition is the first systematic complete presentation of the pension rights adjustment, which is based on explicit and detailed guiding principles and interpretations (A 1587a margin no. 19-108). The Pensions Adjustment Act which is complicated due to its many references to the law of provision, gains transparency and stringency as a result. The consistent revision and editing by the long-standing President of a Family Senate also ensures a consistent reference in the text to practical experience. Accordingly much space is devoted to current developments, especially to the portrayal and crucial acknowledgement of changes in the provision for senior civil servants (A 1587a margin no. 120, 166, 170, 175 f) and company pension provision including the supplementary provision for public sector employees (A 1587 margin no. 19 ff, A 1587a margin no. 245 ff, 248, 250, 253, 279, 310, 336 ff, 340 ff), and also (through the revised edition of the Cash Equivalent Value Decree that is temporarily unsolved) questions of the conversion of non fully-dynamic entitlements (A 1587a margin no. 426, 454 ff). Solutions for still unresolved problems are also developed, for instance, in view of the increasingly relevant legal consequences of a provision shortfall due to premature retirement (cf. A 1587a margin no. 176, 186 f, 234 ff, 238 ff, 306 ff).

A major authority for the future development of European Private Law This landmark reference work marks the culmination of over 20 years' research into the history and potential future of European private law. An international team of researchers have analysed the diverse national traditions of private law to compile a codified set of principles of European law for the law of obligations and core aspects of the law of property - known as the Draft Common Frame of Reference. This full edition of the reference work comes complete with all the scholarly apparatus needed to interpret the principles. Full commentary is provided on the text of the 'draft common frame of reference', together with references to and comparative analysis of all the national legal materials used as a basis of the text. The complete work will form a central reference point for all future discussion of the harmonisation of European private law, and the interpretation of EU measures in the field. It also represents a major reference work in its own right, offering the fullest resource available on European private law, invaluable for researchers in comparative law and European legal history.