Tort law in the jurisprudence of the European Court of Human Rights

Author(s)

Bibliographic Information

Tort law in the jurisprudence of the European Court of Human Rights

Attila Fenyves ... [et al.] (eds) ; with contributions by Walter Berka ... [et al.] ; project assistance, Christa Kissling

(Tort and insurance law / edited by the European Centre of Tort and Insurance Law, vol 30)

De Gruyter, c2011

Available at  / 6 libraries

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Note

Other editor: Ernst Karner, Helmut Koziol, Elisabeth Steiner

Includes bibliographical references and index

Description and Table of Contents

Description

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real 'just' satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

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Details

  • NCID
    BB07906120
  • ISBN
    • 9783110259667
  • Country Code
    gw
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    Berlin
  • Pages/Volumes
    xxiv, 906 p.
  • Size
    24 cm
  • Classification
  • Parent Bibliography ID
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