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

$35.99 (C)

  • Date Published: June 2014
  • availability: Available
  • format: Paperback
  • isbn: 9781107682061

$ 35.99 (C)

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About the Authors
  • 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'.

    • Proposes a new perspective on civil liability law that will be welcomed by those who feel uncomfortable with the traditional dominance of the fault principle
    • Contains a critique of the European harmonisation proposals (PETL and DCFR VI) that will appeal to those who are sceptical about 'hybrids' or 'mixed systems' of civil and common law
    • Broadens the Europe-centred discourse to important civil law regimes outside Europe, making it clear that civil law can only be discussed appropriately in a global perspective
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    Product details

    • Date Published: June 2014
    • format: Paperback
    • isbn: 9781107682061
    • length: 302 pages
    • dimensions: 229 x 152 x 16 mm
    • weight: 0.41kg
    • availability: Available
  • Table of Contents

    1. Draft bill on civil liability law
    2. Text
    3. Commentary
    4. European reform proposals
    5. Principles of European Tort Law (PETL)
    6. Draft Common Frame of Reference Book VI
    7. Recent legislation on civil liability law
    8. China
    9. Text
    10. Commentary
    11. Brazil
    12. Text
    13. Commentary
    14. Russia
    15. Text
    16. Commentary.

  • Author

    Gert Brüggemeier, Universität Bremen
    Gert Brüggemeier is Professor of Private Law, European Economic Law and Comparative Law at the Faculty of Law, University of Bremen.

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