Personality Rights in European Tort Law

Personality Rights in European Tort Law
Title Personality Rights in European Tort Law PDF eBook
Author Gert Brüggemeier
Publisher Cambridge University Press
Pages 621
Release 2010-04-15
Genre Law
ISBN 113948429X

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This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.

European Tort Law

European Tort Law
Title European Tort Law PDF eBook
Author C. C. van Dam
Publisher Oxford University Press, USA
Pages 654
Release 2013-03-21
Genre Law
ISBN 0199672261

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This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.

Causation in European Tort Law

Causation in European Tort Law
Title Causation in European Tort Law PDF eBook
Author Marta Infantino
Publisher Cambridge University Press
Pages 785
Release 2017-12-28
Genre Law
ISBN 1108418368

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This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Tort Law in the Jurisprudence of the European Court of Human Rights

Tort Law in the Jurisprudence of the European Court of Human Rights
Title Tort Law in the Jurisprudence of the European Court of Human Rights PDF eBook
Author Attila Fenyves
Publisher Walter de Gruyter
Pages 933
Release 2011-11-30
Genre Law
ISBN 311026000X

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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.

Principles of European Tort Law

Principles of European Tort Law
Title Principles of European Tort Law PDF eBook
Author European Group on Tort Law
Publisher Springer
Pages 282
Release 2009-09-02
Genre Law
ISBN 9783211100103

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The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.

The Commercial Appropriation of Personality

The Commercial Appropriation of Personality
Title The Commercial Appropriation of Personality PDF eBook
Author Huw Beverley-Smith
Publisher Cambridge University Press
Pages 403
Release 2002-08-15
Genre Law
ISBN 1139433717

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Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.

Fundamental Rights and Private Law in the European Union: Comparative analyses of selected case patterns

Fundamental Rights and Private Law in the European Union: Comparative analyses of selected case patterns
Title Fundamental Rights and Private Law in the European Union: Comparative analyses of selected case patterns PDF eBook
Author Gert Brüggemeier
Publisher
Pages 480
Release 2010
Genre Civil law
ISBN

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"Comparative study carried out by the Research Training Network on Fundamental Rights and Private Law in the European Union"--P. [iv] of cover, Vol. 1-2.