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"The discussions in this book are intended as a set of general observations on the confluence (or collision) of the legal system with notions of personal responsibility."--Preface.
Liability (Law) --- Responsibility --- Accountability --- Moral responsibility --- Obligation --- Ethics --- Supererogation --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law)
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Den Ausgangspunkt der Arbeit bildet die Frage, in welchem Umfang die "Universalsukzession kraft Rechtsgeschäft" für den Unternehmensverkehr nutzbar gemacht werden kann. Aktueller Anlass der Untersuchung sind die durch das deutsche Umwandlungsgesetz von 1994 - sowie auf rechtsvergleichender Ebene das Schweizer Fusionsgesetz aus dem Jahre 2003 und das österreichische Unternehmensgesetzbuch aus dem Jahre 2007 - eröffneten Gestaltungsmöglichkeiten.Unter Berücksichtigung des Systems der Verfügungsgeschäfte nach dem Bürgerlichen Gesetzbuch, wird der Versuch einer Gesamtdarstellung sämtlicher universalsukzessiver Übertragungstatbestände unternommen. Dabei wird die Möglichkeit aufgezeigt, die handelsrechtlichen Vorschriften der §§ 25 ff. HGB als Pendant zu den umwandlungsrechtlichen Instituten der Spaltung und Vermögensübertragung aufzufassen.Einen weiteren Schwerpunkt bilden ferner die Auswirkungen auf den Bereich des Schuldrechts. Auf der Grundlage der verschiedenen universalsukzessiven Übertragungstatbestände können Schuldverhältnisse grundsätzlich frei, d.h. ohne Zustimmung des betroffenen Vertragspartners, übertragen werden. Nachgegangen wird den Grenzen einer solchen "freien" Übertragbarkeit, der Funktion der Spaltungshaftung, wie auch den möglichen leistungsstörungsrechtlichen Implikationen einer Rechtsübertragung im Wege der Universalsukzession.
Assets (Accounting) --- Liability (Law) --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Asset requirements --- Standards. --- Commercial Law. --- Reorganization of Companies Act.
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European agencies have been created at a rapid pace in recent years in a multitude of highly pertinent and sensitive fields ranging from pharmaceuticals and aviation safety to chemicals or financial supervision. This agency phenomenon shows no signs of relenting, and the trend in recent years is towards the delegation of ever-broader powers. These bodies, meant to operate at arm's length from political control, have real power and their opinions and decisions can have a directimpact on individuals, regulators, and member states. Given the powers wielded by the agencies, who is responsible for
Administrative agencies --- Liability (Law) --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Agencies, Administrative --- Executive agencies --- Government agencies --- Regulatory agencies --- Administrative law --- Public administration --- Law and legislation
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Accident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Scholarly writing on this branch of law traditionally has been concerned with examining the law for consistency with felt notions of right and duty. Since the 1960's, however, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behavior. Steven Shavell's book is the definitive synthesis of research to date in this new field.
Liability (Law) --- Law and economics. --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics --- Jurisprudence --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Economic aspects.
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This volume of the ""Digest of European Tort Law"" is the first product of a most ambitious research project: a collection of court decisions from almost all European jurisdictions on the most fundamental aspects of tort law. These cases are not only accumulated, but also structured, analysed and commented both from a national as well as a comparative perspective. Historical aspects are also considered, as are future trends, as outlined by current projects on the harmonisation of European tort laws. This complex comparative study shall thereby not only offer guidance for researching cross-bord
Torts --- Damages --- Liability (Law) --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Injuries (Law) --- Measure of damages --- Accident law --- Compensation (Law) --- Personal injuries --- Set-off and counterclaim --- Negligence --- Civil wrongs --- Delicts --- Quasi delicts --- Wrongful acts --- Actions and defenses --- Reasonable care (Law) --- Law and legislation
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This volume analyses thirteen cases, from the perspective of sixteen national European legal systems, in order to explore the legal nature of the precontractual phase and the liability which may follow a break-off of precontractual negotiations. The precontractual phase is difficult to characterise and analyse in either legal or practical terms. The negotiating parties have begun their journey together, but they are not yet in the relationship - the contract - which is their aim. The negotiations may fail after a lengthy period in which either party may have incurred significant expenses and invested time and effort. The break-off of the negotiations may come as a shock to one party where the negotiations were far advanced, or at least where there was nothing to suggest that they were not likely to lead to their fruition in the contract. The disappointed party is therefore likely to seek a remedy.
Law of obligations. Law of contract --- European law --- Contracts, Preliminary --- Liability (Law) --- 347.4 <4> --- Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Europa --- 347.4 <4> Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Europa --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Preliminary agreements --- Preliminary contracts --- Law and legislation --- Law --- General and Others
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Why have some legal systems abandoned tort law in some areas and replaced it with some form of no-fault compensation scheme or strict liability? What have been the effects? How should we evaluate these ???shifts???? Why have they not been adopted in other countries? These questions have been the focus of the "Shifts in Compensation" research project and this is the final volume in this series, addressing, on the one hand, the issues relating to ???shifts??? in compensation systems at a more general level, and on the other hand, addressing shifts in particular domains. The papers exam
Liability (Law) --- Compensation (Law) --- Medical personnel --- Natural disasters --- Disaster relief --- Malpractice. --- Law and legislation. --- Medical malpractice --- Medical negligence --- Tort liability of medical personnel --- Malpractice --- Medical errors --- Medical laws and legislation --- Law --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law)
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This publication deals with the European dimension of tort law. It provides a critical analysis of the acquis communautaire, asking if and to what extent the provisions and case law in the field of tort law are based on a conclusive system and are in accord with the national legal systems. It thus evaluates whether the acquis communautaire form the beginning of a comprehensive and coherent EC tort law or if the single directives and regulations are contradictory and lack a general concept that is yet to be found. To gain an overview of 'EC Tort Law' certain provisions and decisions were analysed by a group of authors under thirteen elements that form the basis of tort law e.g. fault/strict liability, causation, damage, damages and limitation of actions. An analysis of these aspects was then undertaken by another group of authors each focusing on their respective legal families within the European Union. The publication also contains a section on terminological issues in EC tort law.
Torts --- Liability (Law) --- Damages --- Law - Europe, except U.K. --- Law - Non-U.S. --- Law, Politics & Government --- Injuries (Law) --- Measure of damages --- Accident law --- Compensation (Law) --- Obligations (Law) --- Personal injuries --- Set-off and counterclaim --- Negligence --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Civil wrongs --- Delicts --- Quasi delicts --- Wrongful acts --- Actions and defenses --- Reasonable care (Law) --- Law and legislation
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This book offers a much needed overview of the neglected notion of responsibility. Instead of offering vague talk about “individual responsibility” or “corporate responsibility,” Daryl Koehn examines in detail four accounts of responsibility, taking care to specify what responsibility does and does not mean in each account. She argues for a return to the ancient concept of Socratic dialogical responsibility, a concept that avoids many of the problems inherent in the other accounts. After examining the Anglo-American criminal legal system’s treatment of responsibility as intentional agency, she critiques Hans Jonas’s concept of responsibility as ontological care and Hannah Arendt’s notion of communicative responsibility. She provides a careful analysis of the strengths and weaknesses of each approach to responsibility. The final chapter makes the case for Socratic dialogical responsibility. Dialogical responsibility has many strengths in its own right and avoids the major pitfalls of the other notions of responsibility examined in the book. It serves as an eminently practical way to hold ourselves responsible for our actions and speech. In addition, dialogical responsibility alone qualifies as a virtue integral to the good life. .
Liability (Law) --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Business ethics. --- Ethics. --- Philosophy, modern. --- Business Ethics. --- Moral Philosophy. --- Modern Philosophy. --- Modern philosophy --- Deontology --- Ethics, Primitive --- Ethology --- Moral philosophy --- Morality --- Morals --- Philosophy, Moral --- Science, Moral --- Philosophy --- Values --- Business --- Businesspeople --- Commercial ethics --- Corporate ethics --- Corporation ethics --- Professional ethics --- Wealth --- Moral and ethical aspects --- Modern philosophy.
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Due to its scope and depth, Moore's Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart's and Honoré's Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore's most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore's influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.
Causation (Criminal law) --- Causation. --- Liability (Law) --- Metaphysics. --- Proximate cause (Law) --- Cause, Proximate --- Causation --- Criminal law --- Criminal liability --- Negligence --- Torts --- Philosophy --- God --- Ontology --- Philosophy of mind --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Causality --- Cause and effect --- Effect and cause --- Final cause --- Beginning --- Metaphysics --- Necessity (Philosophy) --- Teleology --- Causa (Criminal law) --- Causality (Criminal law) --- Moral and ethical aspects. --- Moore, Michael S.,
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