Modernising Civil Liability Law in Europe, China, Brazil and Russia: Texts and Commentaries
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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B Commentary to the Draft Bill on Civil Liability Law
Part 2 Two European reform proposals on liability law
A Principles of European Tort Law PETL 2005
Noncontractual liability arising out of damage caused to another 2009
Part 3 Recent legislation on liability law
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Modernising Civil Liability Law in Europe, China, Brazil and Russia: Texts ...
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activity actors animal apply Article assume tort liability BGHZ breach Brüggemeier BVerfG causation causes any harm CCRF Chapter ChinALL Chinese Civil Code civil law civil liability law claim codifications common law court damage caused danger defective product delictual capacity Draft Bill duty duty of care employees enterprise liability European Tort Law extent his/her individual inflictor of injury infringement injured party injury inflicted injury to interests inter alia jointly liable law of delict Law of Obligations legal capacity legally protected interest legally relevant damage liability Art manufacturer motor vehicle natural environment negligence non-economic loss obligation obligor one’s owner pain and suffering paragraph payment personal injury PETL principles private law product liability pure economic loss quasi-strict recognised redress of injury reform proposal respect result risk rules Russian Federation strict liability third party Tort Law tortfeasor unlawful vicarious liability victim wrongful conduct