Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


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


ISBN13: 9780415859295
Published: May 2013
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2011)
Price: £30.00
Hardback edition , ISBN13 9780415579452



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or 'horizontal effect of fundamental rights'. It discusses the different models of 'horizontal effect' and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law.

This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children's rights and European private law.

Subjects:
Human Rights and Civil Liberties, Tort Law
Contents:
Introduction

Part I
1.The Horizontal Effect of Fundamental Rights: Theories and Models
2. Tort Law: Aims, Functions and Evolution
3. The Horizontal Effect of Fundamental Rights and Tort Law: What about the Tortfeasor?

Part II
4. The Fundamental Rights of Children: International, European and National Perspectives
5. Children's Torts: European National Legal Solutions
6. Children's Tortious Liability in Europe: Comparison, Critique and Proposals.

Conclusion