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This multi-author article aims to demonstrate that, despite the traditional understanding that tort law should serve the sole purpose of remedying the harm caused as precisely as possible, there are growing indications in several continental European legal systems that damages awards are not...
Persistent link: https://www.econbiz.de/10014128528
consumer law and product liability respectively, to underscore the claim of the behavioral divide. Moreover, importantly, this … divergence between EU and US private law theory and practice calls for a normative evaluation. In the face of empirical … law. Furthermore, such a view leads to the adoption of a more boundedly rational user concept in product liability. The …
Persistent link: https://www.econbiz.de/10012971712
This symposium contribution applies an institutional choice analysis, looking at whether legislatively-driven regulation or judicially-derived common law is better suited at addressing possible privacy violations that result from the disclosure of sensitive information by websites engaged in...
Persistent link: https://www.econbiz.de/10012928670
investor protection rules. We submit that the legal uncertainty induced by the disparities in national liability regimes may …
Persistent link: https://www.econbiz.de/10013144269
Based on the dichotomy of the property rule and the liability rule for property rights protection in perspective of Law …
Persistent link: https://www.econbiz.de/10014193007
, as well as non-contractual liability (interplay between contract and tort law, limits to extra-contractual liability … been exaggerated, certainly as regards areas such a non-contractual liability where the DCFR cannot simply be an optional …
Persistent link: https://www.econbiz.de/10014194025
attention which had not been discussed exhaustively before: In the situation of a securities liability towards investors in an … international context, which is the applicable law to the liability claim? The harmonisation of private international law rules in … Europe gives rise to new reflections on the problem of international issuer liability. In the United States, on the other …
Persistent link: https://www.econbiz.de/10013133678
deficiencies in the current liability regimes for the energy sector and proposes certain measures, introduction of which would … increase efficiency of some liability regimes …
Persistent link: https://www.econbiz.de/10013066934
Persistent link: https://www.econbiz.de/10013159810
Union can make harmonized tort law more attainable. Rather than discussing the intricacies of tort theory, the quest should …
Persistent link: https://www.econbiz.de/10012766373