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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Fundamental Rights and Private Law in Europe: The Case of Tort Law and Children


ISBN13: 9780415579452
Published: May 2011
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9780415859295



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The book explores the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. The work focuses on the field of tort law and looks, in particular, at the legal position of the tortfeasor. Part one of the book is dedicated to exploring the different possible models of Drittwirkung, the functions and evolution of tort law, and the particular impact that fundamental rights may have in shaping the legal consequences that may derive to tortfeasors from their tortious acts. Part two focuses on the relationship between children’s tortious liability and their fundamental rights in a number of jurisdictions including France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. The book goes on to consider policy implications and advances proposals which would ensure the optimisation and maximisation of the scope of fundamental rights in the field of tort law.

Subjects:
Human Rights and Civil Liberties, Comparative Law, Tort Law
Contents:
1. Introduction 2. The Horizontal Effect of Fundamental Rights: Theories and Models 3. Tort Law: Aims, Functions and Evolution 4. The Horizontal Effect of Fundamental Rights and Tort Law: What about the Tortfeasor? 5. The Fundamental Rights of Children: International, European and National Perspectives 6. Children’s Torts: European National Legal Solutions 7. Children’s Tortious Liability in Europe: Comparison, Critique and Proposals 8. Conclusion