Modernising Civil Liability Law in Europe, China, Brazil and Russia

Texts and Commentaries

Nonfiction, Reference & Language, Law, Torts, Comparative
Cover of the book Modernising Civil Liability Law in Europe, China, Brazil and Russia by Gert Brüggemeier, Cambridge University Press
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Author: Gert Brüggemeier ISBN: 9781139124973
Publisher: Cambridge University Press Publication: May 19, 2011
Imprint: Cambridge University Press Language: English
Author: Gert Brüggemeier
ISBN: 9781139124973
Publisher: Cambridge University Press
Publication: May 19, 2011
Imprint: Cambridge University Press
Language: English

Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'.

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Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'.

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