5 research outputs found

    Surrogate mother : the Greek law

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    Vida intrauterina, início da personalidade, família e crianças : direito interno e transnacional / coordenação [de] Ana Sofia da Silva Gomes. - Lisboa : Universidade Lusíada. 2023. - ISBN 978-989-640-***-*.. - P. ?-?

    Esential cases on natural causation

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    Bibliografija išnašose ; Rodyklė: p. 619-627This volume of the „Digest of European Tort Law" is the first product of a most ambitious research project: a collection of court decisions from almost all European jurisdictions on the most fundamental aspects of tort law. These cases are not only accumulated, but also structured, analysed and commented both from a national as well as a comparative perspective. Historical aspects are also considered, as are future trends, as outlined by current projects on the harmonisation of European tort laws. This complex comparative study shall thereby not only offer guidance for researching cross-border cases, but also allow a discussion of such harmonisation projects on the basis of real-life case settings. This first volume covers one key aspect of tortious liability – natural causation. The conditio sine qua non rule is examined and tested throughout all jurisdictions, in particular with an eye on whether and to what extent courts are willing to deviate from the strict concept of this formulaMykolo Romerio universiteta

    Essential cases on damage

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    Bibliogr. išnašoseThe increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rulesMykolo Romerio universitetasPrivatinės teisės katedraVytauto Didžiojo universiteta

    Immoral contracts in Europe

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    Tekstas VDU autorių 31 p. : p. 88-92, 155-157, 197-198, 246-248, 308-309, 369-370, 431-434, 482-484, 533-534, 574-575, 622-624, 686-688This book adds an in-depth study of the law and practice on immorality of contracts in Europe to the Common Core series. It comprises country reports on 28 European legal systems, in line with the editors ’ aspiration to give a comprehensive overview of shared and diverging views on immorality of contracts in the European Union. The reports have been draft ed on the basis of 12 case scenarios, inspired by real-life cases that were adjudicated in European countries. Furthermore, given the importance of societal debate for the assessment of morality in contract law, signifi cant attention is paid to the context in which the law on specifi c cases has developed. Th e combined insights from the national reports provide an overview of the current state of a “ Common Core ” on immoral contracts in Europe. Comparative legal studies performed by a large network of academics from many different countries usually require many years of work and, indeed, a great deal of patience from all persons involved. This book, like most volumes in the Common Core series, is no exception to this rule. We presented a first draft questionnaire on immoral contracts – or, more precisely, on the limits to the validity of contracts on ground of morality or public policy – at the General Meeting of the Common Core project in 2012. After settling on the fi nal version of the questionnaire, the first draft country reports were written between 2013–2015. The comparative remarks, the introductory chapters and the second and third draft s of the country reports were completed between 2016–2018. This past year was devoted to the final editing, updating and proofreading of the book. [...]Privatinės teisės katedraTeisės fakultetasVytauto Didžiojo universiteta

    Essential cases on misconduct

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    Bibliografija išnašoseThe various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rulesMykolo Romerio universitetasPrivatinės teisės katedraVytauto Didžiojo universiteta
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