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In recent years several cases concerning the liability of directors
and officers have courted controversy. Arguments raised in such
discussions oscillate between two extremes: on the one hand, the
need for governing bodies to give a space to entrepreneurial
discretion and on the other hand to ensure the protection of
investors in and creditors of a company from the consequences of
disadvantageous decisions by those bodies. In light of the
geographical dispersal of the above stakeholders, the study offers
a comparative insight into the liability of directors and officers
in 10 key European jurisdictions (in particular, Austria, Czech
Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain
and Switzerland) and 4 non-European jurisdictions (namely Brazil,
Israel, Turkey and the United States). Amongst other things it
investigates existing company law principles on the topic and
examines their interaction with tort law and other fields with a
view to suggesting principles for better stakeholder protection.
National reports are complemented by an economic analysis and
insurance, conflict of laws and comparative reports. The study also
benefits from case study analyses.
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.
Where products develop ever more rapidly, the law may face
difficulties in responding accordingly to new security threats
which may arise. In the field of product liability, an
extraordinary need for legal development has thus been perceived,
with legislators and judges feeling compelled to find new solutions
and to look across borders for these. In the detailed reports in
this book, the World Tort Law Society proves that it is in an ideal
position to examine the most significant concepts. The report on
North America studies the special regime for product liability from
its origin in the case law of the US; the European report is
centred around the EU Product Liability Directive with its merits
and faults; and the influence of these two systems as well as new
answers are shown in the reports on Asia, Russia and four key
jurisdictions in the rest of the world. Similar questions are
discussed worldwide: How can a strict liability regime for products
be justified, and can it be justified in all cases? How does the
special regime relate to general rules of tort law? Should services
be subject to a similar regime? The Members of the Society seek to
provoke thought for solutions to these pervasive problems. In this
spirit, the volume's comparative conclusions invite discussion, and
the book includes four responses to that call from eminent tort
lawyers from different legal backgrounds.
The foundations of tort law in various European legal systems vary
considerably. Until now, there has not been an attempt to harmonize
the entire field of tort law in a consistent manner. To rectify
this, a group of tort lawyers has proposed to address the
fundamental questions underlying every tort law system. The result
is this important book, which searches for a common law of Europe
without the necessity yet to lay these principles down in formal
legal texts, such as a European civil code. Identifying the most
relevant factors in establishing liability as wrongfulness,
causation, damage, fault, and the area of strict liability, the
authors concentrate on the topic of 'wrongfulness', trying to
combine theoretical abstract analysis with the discussion of
concrete cases. Each author gives an overview of wrongfulness under
his or her national legal system, primarily by working out the
concept and its importance in establishing liability - and then
applies the analysis to actual cases. The subsequent conclusions
aim at the coordination of the results and other important factors.
In addition, some members of the group work out the nature of
protected interests and important reasons for the extent of
protection, and discuss the overlap of contractual and tortious
liability. In summary, the book not only explores the common ground
underlying all the legal systems concerned with respect to the
concept of wrongfulness, but also informs academics and
practitioners of the fundamental questions of wrongfulness
underlying the law of tort in various distinct jurisdictions.
The Yearbook on European Tort Law provides a comprehensive overview
of the latest developments in the law of torts within Europe and
thereby enables scholars as well as practitioners from different
national backgrounds to keep abreast of questions concerning tort
law. The Yearbook contains reports on the developments of tort law
in the EU Member States (except Luxembourg), Switzerland, Poland
and the Czech Republic as well as a report on the developments in
the field of EU law. Additionally, with South Africa, one
non-European country is included. In conclusion, a comparative
overview reviews the essential aspects of all reports. The reports
are written by scholars from the respective jurisdictions and,
focusing on the year 2001, they include important court decisions,
critical remarks on these decisions, a presentation of new
legislation and a literature overview. In addition to the national
reports, essays on key topics in the field of tort law are included
in the Yearbook.
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