Results 21 to 30 of about 23,667 (236)

China's practical wisdom: Assumption of liability for endangering public health in bankruptcy proceedings—A case study of the Changchun Changsheng Biotechnology vaccine incident and the Johnson & Johnson baby powder incident

open access: yesFrontiers in Public Health, 2022
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
doaj   +1 more source

Politico-economic determinants of tort reforms in medical malpractice [PDF]

open access: yes, 2015
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
core   +1 more source

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 Tort Law Industry

open access: yesEuropean Review of Private Law, 2009
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.
openaire   +4 more sources

Administrative Tort: an Impostor or an Established Legal Phenomenon?

open access: yesСибирское юридическое обозрение, 2020
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
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 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

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

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

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