The impact of social security law on tort law

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The impact of social security law on tort law

Ulrich Magnus (ed.) ; with contributions by Francisco Gómez Abelleira ... [et al.]

(Tort and insurance law / edited by the European Centre of Tort and Insurance Law, v. 3)

Springer, c2003

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Includes index

内容説明・目次

内容説明

This study gives valuable insights into the complex interaction between social security law and private tort law. It is based on reports from eleven European countries, namely Austria, Belgium, England, France, Germany, Greece, Italy, the Netherlands, Switzerland, Spain and Sweden. Leading experts from these jurisdictions provide a concentrated overview of the social security systems in their countries and identify the important differences between social security and tort law compensation in the field of personal injuries. The interrelation between both branches of law is reviewed with respect, e.g., to accidents in the occupational sphere, contributory negligence, recourse actions and bulk agreements between public and private insurance schemes. An extensive comparative report highlights the European perspective and the general interplay between social security law and tort law. The legal perspective is supplemented by an economical analysis of both systems.

目次

Introduction/Questionnaire/List of Contributors Country Reports Austria/Belgium/England and Wales/France/Germany/Greece/Italy/The Netherlands/Spain/Sweden/Switzerland Social Security versus Tort Law as Instruments to compensate Personal Injuries: A Dutch Law and Economics Perspective Introduction Principles Liability and Insurance Versus Social Security: Different Approaches The Relationship Between Tort and Social Security: A Changing Landscape Further Reforms: Alternatives for Liability (Insurance)? Relationship Between Tort and Social Security: Right of Recourse Concluding Remarks Impact of Social Security Law on Tort Law Concerning Compensation of Personal Injuries - Comparative Report Survey of the Contents and Method of the Comparative Report Historical Background General Questions Distinction Between Tort Law and Social Security Law Relationship Between Tort Law and Social Security Law Reform Considerations Comparison of the Solutions Given to the Hypothetical Cases Final Conclusions Index ECTIL Publications

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