Results 21 to 30 of about 23,667 (236)
The assumption of liability for endangering public health has always been a legislative challenge in bankruptcy proceedings. Although it has been theoretically proven that the tort creditor should hold a position higher than that of unsecured creditors ...
Chaoyi Huang
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Politico-economic determinants of tort reforms in medical malpractice [PDF]
The U.S. tort system has experienced various reforms during the last three decades. While there is a broad literature on the consequences of these reforms, very little is known about their determinants. In this study, we investigate the politico-economic
Stutzer, Alois, Matter, Ulrich
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The Determination of Applicable Law to Torts based on “the Law which is more closely connected”
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
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Is het wenselijk dat het aansprakelijkheidsrecht (opnieuw) wordt ingezet als handhavingsinstrument. Het aansprakelijkheidsrecht wordt steeds commerciëler. Er gaat nauwelijks een week voorbij zonder dat een nieuwe onderneming wordt opgericht die zich bezighoudt met het verhalen van schadeclaims.
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Administrative Tort: an Impostor or an Established Legal Phenomenon?
The use of the term “administrative tort” in administrative law and its extension to the range of relations regulated by administrative law causes misunderstandings among civil law theorists and some representatives of administrative law science.
M. N. Kobzar-Frolova
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The Condition of Fault in Private Enforcement of Competition Law – a Comparative Analysis of U.S. v. Polish and European Approach [PDF]
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
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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
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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
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A Study of the Efficiency of Compensation Methods from the Perspective of Economic Analysis of Law [PDF]
∴ 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
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Tracing the Permission to Act in Necessity in the Germanic Tradition
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
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