German Law of Torts: A Comparative Treatise
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I am not aware of a German book on English contract law that reaches the same high scientific level as The German Law of Contract and fulfils at the same time all requirements that the needs of practical application request. The book must be strongly recommended to everyone interested in, and concerned with, contract law as well as comparative law.
Professor Ulrich Magnus Tulane Law Review Translation from German to English: The authors admirably and successfully convey the characteristics of German contract law and make the rich German legal culture accessible to the foreign lawyer. Hans Stoll Rabels Zeitschrift fur auslandisches und internationales Privatrecht 72 Recently the contract section of the German Code was radically amended after one hundred years of un-altered existence. Along with its companion work, 'The German Law of Torts", the two volumes provide, in a total of some 2, pages, one of the fullest accounts of the German Law of Obligations available in the English or German language.
One hundred and twenty translated contract decisions make this work a unique source-book for students, practitioners, judges and academics wishing to have access to prime sources. Through its method of presentation of German law, the book also represents an original contribution to the art of comparison.
The German Law of Torts: A Comparative Treatise - Basil Markesinis, Hannes Unberath - Google книги
An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having on the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection. The book will be of use to law students reading contracts and comparative law, practitioners, judges and businessmen. Recently the contract section of the German code was radically amended after one hundred years of unaltered existence. The German Law of Contract-radically recast, enlarged, and re-written-now details and explains for the first time these changes for the benefit of Anglophone lawyers.
Along with its companion work, The German Law of Torts, the two volumes provide one of the fullest accounts of the German law of obligations available in the English language. One hundred and twenty translated contract decisions make this work a unique sourcebook for students, practitioners, judges, and academics wishing to have access to prime sources.
An additional feature of this volume is the way in which it reveals the growing impact which European directives are having on the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection. Mehr lesen Weniger lesen.
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New Releases. Notify me. Description Since its first appearance in this book has won uniform praise from many of the world's leading comparatists,has been acclaimed by senior judges and has been cited by the courts of many countries. This new edition of the work, substantially re-written and systematically up-dated, contains over leading judgments, most translated in their entirety, along with references to over 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 and enlarged now also makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort reform.
The German Law of Contract
Topics discussed include economic loss, psychiatric injury, wrongful birth, life and sterilisation cases, products liability, traffic accidents, accidents at work, environmental liability and compensation for personal injuries and death. Table of contents Part 1 Introduction: a bird's-eye view of the organization of the German courts in civil matters; style, form and content of argument in the judgements of the BGH; the delict provisions of the BGB; other relevant provisions of the BGB; reform proposals concerning some of the BGB provisions; the BGB-reform in force as of 1 January ; some preliminary observations on the BGB in general and the delict provisions in particular; the constitutionalization of private law; the Human Rights provisions of the Constitution of the Federal Republic of Germany of 8 May as subsequently amended ; amending the code; bibliographical survey.
Part 2 Liability under SS 1 BGB: commentary - introductory remarks, the rights and interests protected by SS 1 BGB, unlawfulness and fault, the duties of care, causation; cases - nervous shock, pre-natal injuries, "wrongful life" and "wrongful birth", unwanted pregnancies, economic loss cable cases , economic loss loss of use, other possible headings , economic loss negligent statements , economic loss legal malpractice , "other rights" family relationships , "established and operating business", the "constitutionalization" of private law, personality and privacy rights, unlawfulness and fault, duties of care, product liability, damage caused "to" the product, causation.
Part 4 The remaining provisions of the German civil code and the law of damages: commentary - two more general clauses, other headings of tortious liability, compensation and satisfaction; cases - SS II BGB, liability of statutory bodies SS BGB , compensation and satisfaction.