Results 11 to 20 of about 232,561 (211)

The Determination of Applicable Law to Torts based on “the Law which is more closely connected”

open access: yesPublic and Private International Law Bulletin, 2021
Legislations stipulate that the law applicable to torts is lex loci delicti commissi, i.e., the law of the place where the tort is committed. In the case that the law of the event leading to damage differs from the law of damage, then lex loci damni, or,
Sibel Özel
doaj   +1 more source

The Condition of Fault in Private Enforcement of Competition Law – a Comparative Analysis of U.S. v. Polish and European Approach [PDF]

open access: yesYearbook of Antitrust and Regulatory Studies, 2020
The purpose of the Polish Act on Claims for Damages for Remedying the Damage Caused by Infringements of Competition Law, based on and implementing EU law – the Damages Directive, was to enable undertakings to effectively use private enforcement of their ...
Marta Mackiewicz
doaj   +1 more source

Assessment of Elements of Abuse of Authority (Detournement De Pouvoir) Based on the Decision of the Constitutional Court

open access: yesJurnal Konstitusi, 2023
Detournement de pouvoir was regulated in administrative and criminal law. However, the assessment of it was often confused. Therefore, the Constitutional Court through Decision 25/PUU-XIV/2016 provides a line of demarcation in assessing the element of ...
Muhammad Reza Baihaki
doaj   +1 more source

The Strict Liability in Fault and the Fault in Strict Liability [PDF]

open access: yes, 2016
Tort scholars have long been obsessed with the dichotomy between strict liability and liability based on fault or wrongdoing. We argue that this is a false dichotomy.
Goldberg, John C.P.   +1 more
core   +2 more sources

The reversal of the burden of proof in the Principles of European Tort Law<br> A comparison with Dutch tort law and civil procedure rules

open access: yesUtrecht Law Review, 2010
Although it is not one of its main features, the Principles of European Tort Law (PETL) have devoted some attention to the rules regarding the burden of proof in tort cases, especially to the possibility of a reversal of that burden.
Ivo Giesen
doaj   +1 more source

Knowledge, Attitude, and Infringement of Tort Law Among Public Secondary Principle on Students in Osun State, Nigeria

open access: yesJournal of Education and Teaching, 2023
One of the challenges in secondary schools today is infringements on students’ rights, in a tortious way that may also constitute breach of the Child’s Right Act of 2003 in Nigeria.
Timothy Olugbenga Ajadi   +1 more
doaj   +1 more source

A Study of the Efficiency of Compensation Methods from the Perspective of Economic Analysis of Law [PDF]

open access: yesپژوهش‌نامه حقوق اسلامی
∴ Introduction ∴ ‌The pursuit of justice is a fundamental endeavor in the realms of law and ethics, serving as a cornerstone for the creation and enforcement of legal framework that govern human societies.
Reza Daryaie   +2 more
doaj   +1 more source

Comparing the efficiency of theories of fault and risk with a focus on welfare economics [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
The complexity of social relations has increased the examples of tort law and made this area of law more important. In addition, it has been concluded in legal systems that creating a society free from hypothetical losses is ideal and unrealizable ...
mina bolurifar, Bizhan Haji Azizi
doaj   +1 more source

Tracing the Permission to Act in Necessity in the Germanic Tradition

open access: yesUniversity of Vienna Law Review
Germanic law accepts that some acts of necessity are permitted ('justified acts of necessity', or, in German, 'gerechtfertigte Notstandshandlungen'). The present article shows the intellectual history of this rule and what may be learned from it.
David Messner-Kreuzbauer
doaj   +1 more source

The Influence of Reasonableness in Determining Delictual or Tort Liability for Emotional Distress or Mental Harm in American and French Law

open access: yesPotchefstroom Electronic Law Journal, 2023
American and French law, like South African law recognises claims for emotional or mental harm. Emotional, mental, or psychological harm was only recognised by the courts in the 1800's and even though the mind and body in a sense is considered as a unit,
Raheel Ahmed
doaj   +1 more source

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