Guide to product liability in Europe : the new strict product liability laws pre-existing remedies, procedure and costs in the European Union and the European Free Trade Association
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書誌事項
Guide to product liability in Europe : the new strict product liability laws pre-existing remedies, procedure and costs in the European Union and the European Free Trade Association
Kluwer Law and Taxation Pub., 1994
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内容説明・目次
内容説明
An important step towards European legislation pertaining to product liability is the EU Directive of 25 July 1985 or the "Council Directive on the Approximation of the Laws, Regulations, and Administrative Provisions of the Member States concerning Liability for Defective Products". While its significance cannot be denied in the pressure it places upon European governments: to enact product liability laws, it still leaves room for diverging domestic interpretations and postponement of genuinely effective legislation by the individual Member States. As a result there exist considerable differences among the Member States with respect to a number of its provisions and the wording of the exact legislation on product liability. Furthermore, contrary to US legislation, the liability is limited to the "producers" and not to the "sellers" of the defective product, as defined in Article 3 of the EU Directive. This book presents the reader with an overview of the product liability law of ten of the EU members and all seven EFTA countries, who have passed strict product liability legislation since 1985, including the English translation.
目次
- About the Authors: Foreword: PART 1 - Introduction: The EU Directive of 25 July 1985
- The Standard and Scope of Liability
- What is a Product?
- Persons Liable
- What Constitutes a Defect?
- Burden of Proof and Defences
- Member State Discretion - The Three Options. PART 2 - European Union Member States: Belgium
- Denmark
- Germany
- Greece
- Ireland
- Italy
- Luxembourg
- Netherlands
- Portugal
- United Kingdom. Part 3 - European Free Trade Association Countries: Austria
- Finland
- Iceland
- Liechtenstein
- Norway
- Sweden
- Switzerland. Part 4 - Appendices: Council Directive of 25 July 1985
- Product Liability Legislation of the EU Member States
- Product Liability Legislation of the EFTA Countries.
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