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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, other than breach of contract, 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 crime, 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 (crime), 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 (legal system), civil law jurisdictions largely d ... [...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. Directive 1999/34/EC amended the 1985 directive. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, 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 (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), 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 Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...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 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 * , 190 * Member states of the World Intellectual Property Organization , 184 * Member states of the World Sports Alliance , 49 * Member states of the League of Nations * Member states of the Venice Commission , 58 * Member state ... [...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 potentially persuasive when 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 descri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principles Of European Contract Law
European contract law represents a strategy working towards a common set of legal principles operating in the field of contract law across the European Union, with minimal differentiation between the national contract laws which apply within the member states. Contract law represents one of the areas of private law harmonisation being pursued and progressed by the European Commission, while the ''Principles of European Contract Law'' are a set of model rules drawn up by leading contract law academics in Europe, which attempt to elucidate the 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'' (PECL) 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 the late Ole Lando ("Lando Commission"). The PECL take into account the requirements of t ... [...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 of ... [...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 l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Group On Tort Law
European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** European Union citizenship ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (other) * The Europ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to ''Encyclopædia Britannica'', it is defined 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." Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law. Use of the phrase can be traced to Tudor period, 16th-century Britain. In the following century, Scottish theologian Samuel Rutherfor ... [...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 could be liable to pay compensation to individuals who suffered a loss by reason of the Member State's failure to transpose an EU 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/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 million Lira together after their company, Gaia Confezioni Srl, had gone bankrupt. The Dir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minimum Harmonisation
In mathematical analysis, the maximum and minimum of a function are, respectively, the greatest and least value taken by the function. Known generically as extremum, they may be defined either within a given range (the ''local'' or ''relative'' extrema) or on the entire domain (the ''global'' or ''absolute'' extrema) of a function. Pierre de Fermat was one of the first mathematicians to propose a general technique, adequality, for finding the maxima and minima of functions. As defined in set theory, the maximum and minimum of a set are the greatest and least elements in the set, respectively. Unbounded infinite sets, such as the set of real numbers, have no minimum or maximum. In statistics, the corresponding concept is the sample maximum and minimum. Definition A real-valued function ''f'' defined on a domain ''X'' has a global (or absolute) maximum point at ''x''∗, if for all ''x'' in ''X''. Similarly, the function has a global (or absolute) minimum point at ''x''∗, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
