The Decline of Civil Law Liability
The Netherlands are a small country, but they have many laws. In handling them, Dutch lawyers tend to be pragmatic: they use them to solve problems, not to create additional ones. If they do create problems, they try to find a way around them. If must be, they ignore them. Only if even that meets with resistance, they change them. Because of its non-legalistic learnings Dutch legal culture favoured a pragmatic public administration, a mild penal climate & an informal civil justice. This book contains a 'journey' through selected aspects of Dutch legal culture which is presented by comparing, the Court System, the Legal Profession, Informal Justice in Civil Courts, Criminal Policy & a very Dutch legal term 'beleid'.
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The independent development of the position of the tortfeasor and the injured
The relationship of the culpa and commodity production in Roman law
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19th century ABGB abstract action Allgemeines Landrecht Austrian civil code bility bourgeois Budapest capitalist causation of loss civil code civil law liability classical construction classical rule Code civil codiﬁcation commodity relations common law concrete contract courts criminal law damages deﬁned deﬁnition delictual liability Dilcher doctrine dolus Donoghue economic Eiirsi equity established fact fault liability ﬁeld Fifoot ﬁnancial ﬁnd ﬁrst ﬁrst place Fleishits formal foundations full compensation fundamental Gesetzbuch glossators historical ideology inﬂuence injured party interest Joﬂe Jogtudomdny judicial practice Landrecht law of liability law of torts legal systems legislation Lex Aquilia liability insurance liberal capitalism loss caused Matveev Mddl moral natural law negligence notion outlook principle of fault private law quoted Recht reﬂected relying role Roman law signiﬁcance social socialist law Soviet civil law speciﬁc sphere strict liability subjective subjectivisation system of liability theoretical theory tort liability tortfeasor traditional traﬂic trespass Versicherungsrecht writ Zeiller Zivilgesetzbuch