Author : Niall Whitty
Publisher : Edinburgh University Press
Page : 300 pages
File Size : 21,81 MB
Release : 2014-02-08
Category : Law
ISBN : 0748699546
Explores the law on rights of personality in Scotland compared to other jurisdictionsTaking a comparative perspective, this book explores the trends and issues affecting the law on rights of personality in jurisdictions drawn from the families of common law, civilian law, and mixed legal systems. The main focus is on the private law of personality rights, with due regard paid to the impact of constitutional legislation and other instruments protecting human rights.
Author : Christian von Bar
Publisher : Walter de Gruyter
Page : 574 pages
File Size : 47,67 MB
Release : 2009-04-27
Category : Law
ISBN : 386653731X
Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
Author : Gert Brüggemeier
Publisher : Cambridge University Press
Page : 621 pages
File Size : 46,53 MB
Release : 2010-04-15
Category : Law
ISBN : 113948429X
This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.
Author : Christian von Bar
Publisher : Walter de Gruyter
Page : 1441 pages
File Size : 16,18 MB
Release : 2009-08-17
Category : Law
ISBN : 3866538650
"Non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the DCFR. The law of non-contractual liability arising out of damage caused to another (in the Common Law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict) is the area of law which determines whether one who has suffered a damage can on that account demand reparation (in money or in kind) from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this volume presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.
Author : Tim Crook
Publisher : Routledge
Page : 199 pages
File Size : 49,96 MB
Release : 2013-03-12
Category : Social Science
ISBN : 1136154930
As media law becomes more complicated and some of the leading textbooks thicker and larger, this concise guide provides core information without patronizing those with existing knowledge or bamboozling those with little expertise. Suitable for journalists, media workers, and anyone in the cultural or publishing industries, the book engages and addresses the Internet and blogging, social networking, instant messaging, digital multi-media publication and consumption as well as traditional print and broadcast. Each chapter covers substantive 'black letter law' and regulation/ethics, and kept in mind throughout will be the difference in duties and obligations between words and pictures, print and broadcasting. The focus is on the law relating to England & Wales, but with references to key differences to bear in mind in Scotland and Northern Ireland. Chapters start with bullet points, then flesh out the details and summarize pitfalls to avoid. Readers are left in no doubt about liabilities and potential penalties. Anticipating a dynamically changing arena, the text is also backed up by downloadable sound podcasts, videocasts, Internet source links throughout the book text, and a companion website so that any significant updates are immediately accessible direct from the ebook. Visit: https://ukmedialawpocketbook.wordpress.com/
Author : Kenneth Reid
Publisher : Oxford University Press
Page : 846 pages
File Size : 31,44 MB
Release : 2000-12-21
Category : Law
ISBN : 9780198299288
This two-volume series offers the first detailed and systematic account of the history of private law in Scotland. Volume 2 covers topics such as insurance, negligence, liability, breach of contract, unfair contract terms, sale, and defamation.
Author : Eric Descheemaeker
Publisher : A&C Black
Page : 413 pages
File Size : 35,47 MB
Release : 2014-07-18
Category : Law
ISBN : 1782253386
The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality. It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.
Author : Gordon Cameron
Publisher : Bloomsbury Publishing
Page : 346 pages
File Size : 42,2 MB
Release : 2021-10-28
Category : Law
ISBN : 1526518791
Thomson's Delictual Liability is the leading text on this complex area of law providing both students and practitioners with an indispensable guide to the Scots law of delict. Gordon Cameron LL.B. (Hons); M.Sc. has skilfully updated the sixth edition of this text throughout, taking account of the Defamation and Malicious Publication (Scotland) Act 2021 and major revisions in the areas of: - Negligence - Privacy - Public authorities - Nuisance - Vicarious liability - Defamation Introduction Part I Intentional Delicts 1 Intentional wrongs in respect of persons and property 2 The economic wrongs and fraud Part II Unintentional Delict – General Principles of Liability 3 The duty of care 4 Duty of care as a threshold device 5 Breach of a duty of care 6 Causation and related issues Part III Delictual Liability in Specific and Economic Contexts 7 Professional liability 8 Product liability 9 Delictual liability for animals 10 Delictual liability arising from ownership or occupation of property 11 Breach of statutory duty and public law issues 12 Employers' liability and vicarious liability 13 Delict and the family 14 Delict and road traffic 15 Defamation and Malicious Publication Part IV Damages 16 Damages
Author : Daniel Visser
Publisher : Edinburgh University Press
Page : 577 pages
File Size : 40,64 MB
Release : 2013-07-31
Category : Law
ISBN : 0748684190
A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland
Author : D. L. Carey Miller
Publisher : Schriften zur Europäischen Rechts- und Verfassungsgeschichte
Page : 408 pages
File Size : 31,20 MB
Release : 1997
Category : Law
ISBN :
Papers delivered at a symposium that took place at the University of Aberdeen on September 4-5, 1995.
