|
Showing 1 - 10 of
10 matches in All Departments
The way the law responds to death or personal injury resulting from
medical treatment has changed over time. Expectations of success in
medical interventions have risen. Hospitals have become more
complex and use more advanced technology. This has had an impact on
the liability of medical practitioners, both in generating new
problems and in raising standards of expected care. While the focus
is civil liability, typically either through contract or tort, this
volume of essays also examines compensation systems outside private
law. This topic has grown in significance since 1945. The problems
encountered by the law are similar across the different
jurisdictions, even if the health service arrangements are
different. The legal changes are also set against changes in the
institutional background, such as the role of the state, the
availability of insurance and the professionalisation of medical
practitioners.
Disgorgement of profits is not exactly a household word in private
law. Particularly in civil law jurisdictions - as opposed to those
of the common law - the notion is not well known. What does it
stand for? It is best illustrated by examples. One of the best
known being the British case of Blake v Attorney General, [2001] 1
AC 268. In which a double spy had been imprisoned by the UK
government before escaping and settling in the former Soviet Union.
While there wrote a book on his experiences, upon which the UK
government claimed the proceeds of the book. The House of Lords, as
it then was, allowed the claim on the basis of Blake's breach of
his employment contract. Other examples are the infringement of
intellectual property rights, where the damages of the owner are
limited, but the profits of the wrongdoer immense. In such cases,
the question arises whether the infringing party should be
disgorged of his profits. This volume aims at establishing the
notion of disgorgement of profits as a keyword in the discourse of
private law. It does not purport to answer the question whether or
not such damages should or should not be awarded. It does however
aim to contribute to the discussion, the arguments in favour and
against, and the organisation of the various actions.
The recent financial crisis has questioned whether existing
contracts may be adapted, terminated or renegotiated as a result of
unexpected circumstances. The question is not a new one. In
medieval times the notion of clausula rebus sic stantibus was
developed to cope with such situations, and Germany introduced the
theory of Wegfall der Geschaftsgrundlage. In England, the
Coronation cases provided one possible answer. This comparative
study explores the possibility of classifying jurisdictions as
'open' or 'closed' in this regard."
Disgorgement of profits is not exactly a household word in private
law. Particularly in civil law jurisdictions - as opposed to those
of the common law - the notion is not well known. What does it
stand for? It is best illustrated by examples. One of the best
known being the British case of Blake v Attorney General, [2001] 1
AC 268. In which a double spy had been imprisoned by the UK
government before escaping and settling in the former Soviet Union.
While there wrote a book on his experiences, upon which the UK
government claimed the proceeds of the book. The House of Lords, as
it then was, allowed the claim on the basis of Blake's breach of
his employment contract. Other examples are the infringement of
intellectual property rights, where the damages of the owner are
limited, but the profits of the wrongdoer immense. In such cases,
the question arises whether the infringing party should be
disgorged of his profits. This volume aims at establishing the
notion of disgorgement of profits as a keyword in the discourse of
private law. It does not purport to answer the question whether or
not such damages should or should not be awarded. It does however
aim to contribute to the discussion, the arguments in favour and
against, and the organisation of the various actions.
Le 16 mai 2022, l'Acadmie internationale de droit compar a, pour la
seconde fois, rendu hommage cinq grand(e)s comparatistes. Prs de
200 personnes du monde entier ont assist l'vnement. Les noms des
illustres comparatistes sont connus de tous ceux qui ont dj foul le
magnifique terrain du droit compar : Ewoud Hondius des Pays-Bas,
Esin rc de la Turquie et du Royaume-Uni, Vernon V Palmer des
Etats-Unis dAmrique, Jorge Snchez Cordero du Mexique et Elisabeth
Zoller de France. Pour loccasion, les grand(e)s comparatistes ont t
invit(e)s donner leurs visions sur les dfis contemporains de
l'enseignement du droit compar. Cet ouvrage contient les diffrents
loges prononcs en lhonneur des cinq comparatistes ainsi que leur
contribution la table ronde.Avec laudatios par Sue Farran
(Royaume-Uni), Mariachiara Malaguti (Italie), Wanda Mastor
(France), Jol Monger (France) et Barbara Pozzo (Italie).On 16 May
2022, the International Academy of Comparative Law paid tribute,
for the second time, to five great comparatists. Almost 200 people
from all around the world attended the event. The names of the
outstanding comparatists are well known by anyone who has ever set
foot in the magnificent field of comparative law: Ewoud Hondius
from the Netherlands, Esin rc from Turkey and the United Kingdom,
Vernon V Palmer from the United States, Jorge Snchez Cordero from
Mexico and Elisabeth Zoller from France. On this occasion, they
were asked to give their visions about the contemporary challenges
of the teaching of comparative law. This book contains the
laudation speeches for the five comparatists as well as their final
contributions in the roundtable.With laudatios by Sue Farran (the
United Kingdom), Mariachiara Malaguti (Italy), Wanda Mastor
(France), Jol Monger (France) and Barbara Pozzo (Italy).
This work contains the proceedings of the 2nd Conference on
Dutch-Japanese Law, which took place at the University of Utrecht
in August 1996. The doctrine of tort law was chosen as the central
theme for this conference. The meaning of tort law has been
extended to such a degree that socially accepted responsibilities
are attributed to specifically determined natural and legal
persons. This book elaborates on various trends in tort law, such
as medical liability, traffic liability, product liability, and
environmental liability. A comparison with the Japanese legal
system provides interesting insights into this particular issue,
because the Japanese system is of a dualistic nature. By studying
the development of the law in both Japan and the Netherlands,
existing links are strengthened and new contacts between Dutch and
Japanese academic lawyers are established.
Since its original publication in 1994, Towards a European Civil
Code has become an international classic. This fourth edition of
the book reflects the current state of the debate on the future of
European private law and provides materials for academic teaching
in this field. The Chapters of the book, written by a large number
of experts on European private law, address the main topics of
debate, taking into account the laws of the European Member States,
the acquis communautaire in the area of private law and sets of
model rules, such as the Principles of European Contract Law and
the Principles of European Tort Law. Moreover, in this fourth
edition of the volume, authors pay particular attention to recent
developments regarding the drafting of a Common Frame of Reference
for European private law. With few exceptions, the existing
Chapters have been updated, and new contributions have been
included on: * private regulation; * the influence of primary EU
law on private law; * competition and contract law; *
proceduralisation of private law; * the legislative competence of
the EU in the field of private law; * constitutional aspects of a
European Civil Code; * the notion of damage; * the law and
economics of harmonizing European private law; * defects of consent
in contract law; * hardship and modification of the contract; *
financial services; * suretyships by private persons; * vicarious
liability; * liability for land and structures; and * good faith
acquisition of movables. Thus, this new, revised and expanded
edition of Towards a European Civil Code forms a primary point of
reference for policy makers, practitioners, academics and students
engaged in matters of European private law.
The topic of harmonisation of European private law, and European
contract law in particular, is rapidly gaining in importance. The
topic is not only widely studied by academics and students all over
Europe (and even beyond), it is also on the political agenda of the
European Parliament, the European Commission, and the European
Council. The most important achievement in this field is no doubt
the Principles of European Contract Law (PECL), drafted by the
Commission on European Contract Law. The European Commission
considers the PECL to be a serious option for further harmonisation
of European contract law within the European Union. This
publication is the first to provide a systematic overview of the
PECL in comparison with Dutch contract law as a whole. The book is
concise and because of its structure it is easily accessible.
Amongst the contributors there are many highly distinguished
contract law specialists. It may be used at universities in courses
on Comparative Law, European Private Law, and European Contract
Law. It may also be used by international practitioners, foreign
students, and academics interested in Dutch contract law who do not
have access to Dutch contract law because they have no knowledge of
the Dutch language. Last but not least, the book will be of
interest to all jurists interested in the harmonisation of the
European Private Law.
|
|