The Interaction of Contract Law and Tort and Property Law in Europe: A Comparative StudyWalter de Gruyter, 2009. gada 27. apr. - 573 lappuses Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market. |
No grāmatas satura
1.–5. rezultāts no 46.
... ABGB, by which compensation for breach of contract is located, as a matter of taxonomy, within the framework of tort law (“[...] the damage may have been caused by breach of a contractual duty or without any relation to a contract”).44 ...
... ABGB recognises no such list of “absolute rights” (the wording of this provision amounts to a classical general clause) the Austrian courts interpret it very much along the lines of the wording of the German Civil Code.6 The German BGB ...
... ABGB in particular OGH 27th February 1990 , SZ 63/32 ( “ § 16 ABGB is [ ... ] a central rule of our legal system with a normative content guaranteeing subjective rights . It acknowledges the personality as a basic worth . In its core § 16 ...
... ABGB . This is applicable to both contractual and extra - contrac- tual claims ( § 1295 ( 1 ) ABGB ) and is considered a part of “ personal property law ” . The ABGB has therefore not made any division between non - contractual and ...
... ABGB VIII2 [ 1997 ] , § 1 EKHG ) . Also under § 146 Luftfahrtgesetz , § 1 Atomhaftpflichtgesetz , § la Reichshaft- pflichtgesetz , § 1 Polizeibefugnisentschädigungsgesetz , § 1 Produkthaftpflichtgesetz and § 79a Gentechnikgesetz pure ...
Saturs
1 | |
25 | |
Property Law and Contract Law | 317 |
Issues Common to Parts One and Two | 399 |
Information from Legal and Business Practice | 431 |
Analysis and Recommendations | 457 |
Backmatter | 471 |
Citi izdevumi - Skatīt visu
The Interaction of Contract Law and Tort and Property Law in Europe: A ... Christian von Bar,Ulrich Drobnig,Guido Alpa Ierobežota priekšskatīšana - 2004 |