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 27.
... Cour de Cassation. In a supermarket an anti-theft security system which was not functioning correctly was set off. This generated the (groundless) suspicion that the plaintiff had been shoplifting. The supermarket operator was not found ...
... Cour de Cassation the appeal court could permissibly conclude from these assessments that it was not proven that the stairs represented the instrument du dommage . Cass.civ . 9th July 2002 concerns a case in which a person fell whilst ...
... Cour de Cassation recently declared that it would not follow its French sister court; Belgium does not accept a general strict liability for others.51 62. Italy A middle group, to which in our estimation Italian law belongs along with ...
... Cour de Cassation.125 The Belgian Cour de Cassation handles this principle in a somewhat milder form: The professional seller is only treated equally to a seller in bad faith, if the first can not prove that he could not possibly have ...
... Cour de Cassation stated in contrast to the appeal court , that the established actes déloyaux of the dealer necessarily had to mean l'existence d'un préjudice pour la société MBF , fût - il seulement moral . In the French legal system ...
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 |
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The Interaction of Contract Law and Tort and Property Law in Europe: A ... Christian von Bar,Ulrich Drobnig,Guido Alpa Ierobežota priekšskatīšana - 2004 |