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The Role of National Courts in Inducing Compliance with International and European Law—A Comparison

André Nollkaemper

in Compliance and the Enforcement of EU Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644735
eISBN:
9780191740695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644735.003.0006
Subject:
Law, EU Law, Public International Law

This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, ... More


European Tort Law

Cees van Dam

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.001.0001
Subject:
Law, EU Law

This is the first introductory text book to European tort law. It brings together national tort law, comparative law, European Union (EU) law, and human rights law, and provides insights into the ... More


Introduction

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0013
Subject:
Law, EU Law

The final part of this book assumes a comparative and a supranational point of view and deals with a number of categories of liability as they relate to tort law in Europe. Most of these categories ... More


European Tort Law

Cees van Dam

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.001.0001
Subject:
Law, Law of Obligations, EU Law

The coverage in this new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the European ... More


France

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0003
Subject:
Law, EU Law

In France, tort law is characterised by its broad general principles and its general lack of detail. The rule of strict liability has been developed by the Cour de cassation, which also developed a ... More


Germany

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0004
Subject:
Law, EU Law

In Germany, tort law is characterised by its systematic approach and its many subtle distinctions. Probably the most characteristic feature of German tort law is judge-made in order to fill lacunae ... More


Ius Commune

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0006
Subject:
Law, EU Law

This chapter looks at the possibilities and impossibilities of an ius commune, a common European law, particularly in the area of tort law. There has been strong support for discussing the ... More


Strict Liability

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0010
Subject:
Law, EU Law

This chapter analyses the concept of strict liability in Europe. It shows that the difference between fault liability and strict liability is a gradual rather than a principle one. When finding ... More


Liability for Immovable Objects

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0015
Subject:
Law, EU Law

This chapter examines liability for damage caused on premises, grounds, and roads. It discusses damage caused by, for example, falling roof-tiles and collapsing buildings, unsafe swimming pools and ... More


Divergence and the Francovich Remedy in German and English Courts

Martina Künnecke

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0010
Subject:
Law, EU Law

This chapter assesses the extent to which the common law system differs from a codified system in the application of the Francovich principle and the extent to which this results in divergence. A ... More


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