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European Tort Law
European tort law, as a term, is not strictly defined and is used to describe a number of various features concerning tort law in Europe. The concept developed alongside other major historic developments of European integration. History After World War II, the concept of a united Europe began to take shape. The ideas of a unified Europe varied in degree. Some envisioned a federal Europe run by a European government and others merely aimed for an economic co-operation only to achieve a common internal market. The result today is somewhere in between these two extremes. As Europe merged politically, a common European tort law also emerged. In the middle of the 20th Century, European tort law was varied and a common European tort law was non-existent. Only in the beginning of the 21st did it start to take shape. Background The ideas on the harmonisation of European tort law also vary drastically. On the one hand there is a vision of a codification of European tort law as part of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Product Liability Directive
The Product Liability Directive''85/374/EECis a directive of the Council of the European Communities (now the European Union) which created a regime of strict liability for defective products applicable in all member states of the European Union, the other EEA members (Iceland, Liechtenstein and Norway) and the United Kingdom. Background The Council adopted a resolution in 1975 for a preliminary programme on consumer protection and information technology. Moves towards a strict liability regime in Europe began with the Council of Europe Convention on Products Liability in regard to Personal Injury and Death (the Strasbourg Convention) in 1977. The Pearson Commission in the UK noted that this work had started, and refrained from making their own recommendations. A second EU programme followed in 1981. The preamble to the directive cites Art. 100 (subsequently renumbered to Art. 94, then to Art. 115) of the Treaty of Rome and the aim to achieve a single market: The preamble t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Member States
A member state is a state that is a member of an international organization or of a federation or confederation. Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign states, neither organization ever speaks of "member states". The WTO has simply "members" (see WTO members), and the IMF refers to its members as "member countries". The oldest global member state based organization is the International Telecommunication Union, which joined the United Nations System as a Specialized Agency of the T1088 after the creation of the UN. Worldwide * Member states of the United Nations , 193 *Member states of the International Telecommunication Union , 193 * Member states of UNESCO , 195 * Interpol#Members , 190 * Member states of the World Intellectual Property Organization , 184 * Member states of the World Sports Alliance , 24 * Member states of the League of Nations * Member states of the Veni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement Of The Law
In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. Connection with the rule of precedent Individual Restatement volumes are essentially compilations of case law, which are common law judge-made doctrines that develop gradually over time because of the principle of '' stare decisis'' (precedent). Although Restatements of the Law are not binding authority in and of themselves, they are highly persuasive because they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is, and, in some cases, what it should become. As Harvard Law School descr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principles Of European Contract Law
The ''Principles of European Contract Law'' (PECL) is a set of model rules drawn up by leading contract law academics in Europe. It attempts to elucidate basic rules of contract law and more generally the law of obligations which most legal systems of the member states of the European Union hold in common. The ''Principles of European Contract Law'' are based on the concept of a uniform European contract law system and were created by the self-styled Commission on European Contract Law set up by Ole Lando ("Lando Commission"). The PECL take into account the requirements of the European domestic trade. History In the broader sense the PECL proposals are a "set of general rules which are designed to provide maximum flexibility and thus accommodate future development in legal thinking in the field of contract law." The impetus for the work on the PECL were resolutions of the European Parliament of 1989 and 1994 which expressed the desire to establish a common European civil law. As ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principles Of European Tort Law
European tort law, as a term, is not strictly defined and is used to describe a number of various features concerning tort law in Europe. The concept developed alongside other major historic developments of European integration. History After World War II, the concept of a united Europe began to take shape. The ideas of a unified Europe varied in degree. Some envisioned a federal Europe run by a European government and others merely aimed for an economic co-operation only to achieve a common internal market. The result today is somewhere in between these two extremes. As Europe merged politically, a common European tort law also emerged. In the middle of the 20th Century, European tort law was varied and a common European tort law was non-existent. Only in the beginning of the 21st did it start to take shape. Background The ideas on the harmonisation of European tort law also vary drastically. On the one hand there is a vision of a codification of European tort law as part o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Centre Of Tort And Insurance Law
Since November 2000 the European Centre of Tort and Insurance Law (ECTIL), based in Vienna, has been an association whose purpose is *to conduct legal and comparative research in the field of national, international and common European tort and insurance law *to draft Principles for a future harmonisation of European Tort and insurance law in co-operation with the European Group on Tort Law *to co-operate with scholars and research institutions in the field of tort and insurance law and with undertakings and co-operations interested in joint research projects. Principles of European Tort Law The unification of European tort and insurance law is the most ambitious goal which the founders of the European Centre of Tort and Insurance Law, the European Group on Tort Law, pursue in cooperation with ECTIL. The broadly-based comparative research resulted in the drafting of “Principles of European Tort Law”, which provide a foundation for discussing a future harmonisation of the la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Group On Tort Law
The European Group on Tort Law, sometimes called the Spier/Koziol group,Hondius et al, ''Towards a European Civil Code'' (2004), p. 14. is an academic group devoted to revising tort principles that are supposed to be common to Europe. In 1992 Jaap Spier, who at the time was a professor of law at the Universiteit van Tilburg, called together a group of scholars to discuss fundamental questions of tort law on a comparative basis. After exploring the limits of liability, this “Tilburg Group” embarked on quite a demanding project – the drafting of " Principles of European Tort Law” ( PETL). The group, now known under the name “European Group on Tort Law”, has grown considerably in the meantime and currently comprises twenty members. These include Francesco D. Busnelli, Giovanni Comandé (both Pisa, Italy), Herman Cousy (Leuven, Belgium), Dan Dobbs (Arizona, USA), Bill Dufwa (Stockholm, Sweden), Michael Faure (Maastricht, the Netherlands), Israel Gilead (Jerusalem, Israel), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as '' Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Francovich Case
''Francovich v Italy'' (1991) C-6/90 was a decision of the European Court of Justice which established that European Union member states, European Union Member States could be liable to pay compensation to individuals who suffered a loss by reason of the Member State's failure to transposition (law), transpose an EU directive (European Union), directive into national law. This principle is sometimes known as the principle of state liability or "the rule in ''Francovich''" in European Union law.UK LegislationEuropean Union (Withdrawal) Act 2018 Schedule 1 accessed 8 July 2018 Facts Under the Insolvency Protection Directive 80/987 (now 2008/94/EC) EU Member States were expected to enact provisions in their national law to provide for a minimum level of insurance for employees who had wages unpaid if their employers went insolvent. Mr Francovich, who had worked in Vicenza for CDN Elettronica SnC, was owed 6 million Lira, and Mrs Bonifaci and 33 of her colleagues were owed 253 m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minimum Harmonisation
Minimum harmonisation is a term used in European Union law. Minimum harmonisation describes a piece of law (usually a directive but occasionally a regulation) that sets a threshold national legislation must meet. EU Member State national legislation may exceed the terms of minimum harmonisation law. Much EU legislation has been implemented on a minimum harmonization basis as it can be easier to reach agreement, allowing existing EU Member State national legislation on issues such as consumer protection or the environment to remain in place. In more recent years, the burden of EU law has led to calls for deregulation and accusations that some member states indulge in protectionism when implementing directives into EU Member State national law by gold-plating. Therefore, on the opposite end of the regulation spectrum, a growing minority of EU law contains maximum harmonisation Maximum harmonisation is a term used in EU law. If a piece of law (usually a directive but occasi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
