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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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A new edition has been abandoned before publication:
Markesinis and Unberath's German Law of Torts 5th ed isbn 9781849461696

The German Law of Torts: A Comparative Treatise 4th ed

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Edited by: Basil Markesinis, Hannes Unberath

ISBN13: 9781841132983
ISBN: 1841132985
New Edition ISBN: 1849461694
Previous Edition ISBN: 1841132977
Published: June 2002
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £65.00



Despatched in 5 to 7 days.

This fourth edition of this work, substantially re-written and systematically updated, contains over 150 leading judgments, most translated in their entirety, along with references to over 2000 other decisions from Germany and the common law world. While the book should be a suitable tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten and enlarged should also makes it a useful source of inspiration for those with a professional interest in tort litigation and tort reform.

Topics discussed include economic loss, psychiatric injury, wrongful birth, life and sterilisation cases, products liability, traffic accidents, accidents at work, environmental liability and compensation for personal injuries and death.

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Subjects:
EU Law
Contents:
Part 1 Introduction: a bird's-eye view of the organization of the German courts in civil matters
style, form and content of argument in the judgements of the BGH
the delict provisions of the BGB
other relevant provisions of the BGB
reform proposals concerning some of the BGB provisions
the BGB-reform in force as of 1 January 2002
some preliminary observations on the BGB in general and the delict provisions in particular
the constitutionalization of private law
the Human Rights provisions of the Constitution of the Federal Republic of Germany of 8 May 1949 (as subsequently amended)
amending the code
bibliographical survey.
Part 2 Liability under SS 823 1 BGB: commentary - introductory remarks, the rights and interests protected by SS 823 1 BGB, unlawfulness and fault, the duties of care, causation
cases - nervous shock, pre-natal injuries, "wrongful life" and "wrongful birth", unwanted pregnancies, economic loss (cable cases), economic loss (loss of use, other possible headings), economic loss (negligent statements), economic loss (legal malpractice), "other rights" (family relationships), "established and operating business", the "constitutionalization" of private law, personality and privacy rights, unlawfulness and fault, duties of care, product liability, damage caused "to" the product, causation.
Part 3 Liability for others, labour law and stricter forms of liability: commentary - SS 831 and 278 BGB, the escape into contract - SS 278 BGB, liability regimes in labour law, miscellaneous matters, other instances of presumed fault or strict liability in the civil code, strict liability
cases - SS 831 BGB, SS 278 BGB (or SS 831 BGB), road traffic act of 19 December 1952 (BGB1.1 837), strict liability act 1978, environmental liability act 1990, consumer legislation and defective products.
Part 4 The remaining provisions of the German civil code and the law of damages: commentary - two more general clauses, other headings of tortious liability, compensation and satisfaction
cases - SS 823II BGB, liability of statutory bodies (SS 839 BGB), compensation and satisfaction.