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Since its first publication, this book has succeeded in establishing itself as the leading reference work on German tort law. It is a uniquely detailed and scholarly study which has no rival in the English language. Frequently cited in the courts when points of German law are under discussion, the book has now been heavily revised and completely updated to take account of the major changes to German law brought about as a result of reunification.
Based on Dr. Markesinis's extensive teaching of comparative law, this book provides a complete introduction to the German law of Torts. In addition, the author has included translations of over eighty leading decisions of the German Courts, each accompanied by commentary and followed by notes which compare it to Anglo-American law.
Described in the Cambridge Law Journal as 'an intellectual achievement of the highest order' and 'a landmark in comparative legal studies' Professor Markesinis' book has earned a reputation among scholars and students as a truly monumental work of scholarship. This, the leading work on the subject, will be essential reading for all scholars of tort law, scholars of comparative legal studies and undergraduate students in both areas
This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook.
With its companion volume, The Law of Torts, this two-volume work provides a full scale treatise on the German Law of Obligations (Contract, Restitution and Tort) written in a comparative way and with a Common Law reader in mind. A commentary, which amounts to about half of the book, is accompanied by some 250 translations of leading German cases. This should prove a useful work for students and academics with an interest in German and Comparative law.
"Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world's leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life"--
It is thirteen years since the appearance of the successful second edition of this convenient English-language introduction to the law of Germany. This new edition covers all the significant changes and innovations that have occurred during that period, encompassing the pervasive impacts of European Union law and of globalization, as well as the greatly increased activity of the German legislature in every area addressed in this volume. With fifteen lucid chapters written by academic experts in their respective fields of law, as well as detailed bibliographies, this is the ideal starting point for research whenever a question of German law must be answered. The authors clearly explain the legal concepts, customs, and rules arising from such basic elements as the following: – characteristic problems of German legal unity; – principles and practices of constitutional law; – administrative law and procedure; – the German Commercial Code; – formation and conduct of corporations and partnerships; – contracts; – tort liability; – property rights; – family law; – succession and inheritance; – labor and employment; – issues of private international law; – courts and civil procedure; – the penal code and criminal procedure. Introduction to German Law, Third Edition provides an authoritative description of all issues likely to emerge in the course of normal application of German law in any context.
This edition has been extensively rewritten and enlarged and is an ideal tool for those interested in comparative torts and comparative methodology.
Unjustified enrichment and restitution in German law. -- The wider comparative perspectives. -- Cases and statutes.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Germany. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Germany. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort. The Authors List of Abbreviations General Introducti