J.-S. Borghetti & S. Whittaker (eds), French Civil Liability in Comparative Perspective, Studies of the Oxford Institute of European and Comparative Law

2021 ◽  
Vol 8 (4) ◽  
pp. 453-455
Author(s):  
Gert Brüggemeier
Keyword(s):  
Civil Liability ◽  
Comparative Law ◽  
Comparative Perspective

scholarly journals Marriage in Serbian law and in comparative perspective

2020 ◽  
Vol 54 (2) ◽  
pp. 545-560
Author(s):  
Gordana Kovaček-Stanić ◽  
Sandra Samardžić
Keyword(s):  
Historical Development ◽  
Statistical Data ◽  
Family Law ◽  
Comparative Law ◽  
Comparative Perspective ◽  
Opposite Sex ◽  
Marriage Formation ◽  
Formal Requirements ◽  
Domestic Law ◽  
Opposite Gender

According to the Serbian Family Act marriage is cohabitation between two persons of the opposite sex governed by the law. The same act, prescribes substantial and formal requirements for valid marriage. This paper aims to present a review of these requirements in domestic and comparative law as well. It analyzes each condition separately, giving an overview of their historical development and the way they are regulated today in different legal systems. According to domestic law, substantial requirements are the following: opposite gender, expression of will to get married, cohabitation and lack of marriage impediments. However, there is a tendency in the contemporary family law to reduce marriage impediments, which leads to the liberalization and facilitation of marriage formation. Since marriage is very often concluded in religious form, article also gives an overview of the ecclesiastical rules concerning marriage. Finally, it analyzes and compares statistical data concerning number of concluded marriages and divorces in Serbia thirty years ago and in present time.

The Concept of Fault of the Tortfeasor in Estonian Tort Law: A Comparative Perspective

2013 ◽  
Vol 38 (2) ◽  
pp. 141-170 ◽  
Author(s):  
Janno Lahe
Keyword(s):  
Strict Liability ◽  
Comparative Law ◽  
Tort Law ◽  
Frame Of Reference ◽  
Comparative Perspective ◽  
Tort Liability ◽  
European Model ◽  
Common Frame Of Reference

The fault of the wrongdoer is one of the preconditions for general tort liability. Nowadays, fault-based liability and strict liability are two equally important forms of liability that are not polar opposites but, rather, complement one another. This article focuses on the meaning of the fault of a tortfeasor. It considers the notion of fault in two European model rules (the Draft Common Frame of Reference and the Principles of European Tort Law), in the Estonian Law of Obligations Act, and also makes reference to German, French, English, and Russian tort law. We shall begin with a comparative discussion of the questions of general liability based on fault, fault capacity, various forms of fault, the burden of proving fault, and the importance of differentiating those forms of fault. Thereafter, we will treat the issues of fault in the context of liability for torts committed by another person and, also, borderline issues between fault-based liability and strict liability. This analysis seeks to offer the reader a basis for determining whether the regulations of Estonian tort law are justified or whether amendments should be considered within such a comparative-law framework.

scholarly journals Some issues of summary procedure in the 2015 Civil Code: A comparative perspective

2019 ◽  
Vol 2 (4) ◽  
pp. 14-21
Author(s):  
Trinh Tuan Anh ◽  
Luu Thi Thu Huong ◽  
Nguyen Thi Thanh Nha
Keyword(s):  
Comparative Law ◽  
Civil Code ◽  
The State ◽  
Comparative Perspective ◽  
Specific Guideline ◽  
Special Procedure ◽  
Summary Procedure

A summary procedure is understood as a special procedure simplifying the ordinary one to deal with civil disputes in a truncated process. This can help to reduce time and costs for the litigants and the State, cut down workload for the courts at all levels. However, since summary procedure is a new regulation which was first recorded in the 2015 Civil Code, its application has certain problems and therefore requiries specific guideline. The paper analyzes regulations on summary procedures in the 2015 Civil Code from the perspective of comparative law and suggests some recommendation for improvement.

scholarly journals Food Safety and Civil Liability of the Enterprise from the View of Comparative Law

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Nguyen Thi Phuong Cham
Keyword(s):  
Food Safety ◽  
Legal System ◽  
Technology Development ◽  
Product Liability ◽  
Civil Liability ◽  
Comparative Law ◽  
Point Of View ◽  
Legal Provisions ◽  
Legitimate Interests ◽  
Legal Subjects

As a method to protect the rights and legitimate interests of consumers directly, civil liability plays an important role in improving the legal provisions on food safety. However, the legal issues related to civil liability in general nor especially civil liability in the field of food safety are still remain very much debated by the diversity of relationships among the subjects in the process of production, circulation and consumption. The paper focuses on clarifying: (1) Theoretical and practical provisions apply from the point of view of comparative law, thus pointing out the problems that exist in the legal system in general, as in the Vietnamese legal system in particular on civil liability in the field of food safety; (2) Suggest some complete solutions for the purpose of introducing civil liability mechanisms such as: Protecting the rights and interests of consumers in a practical and effective way; Preventing violations of business in the context of science and technology development; Risk dispersion based on the theory of the balance of interests of civil legal subjects. Keywords: Food safety, civil Liability, tort law, product liability. References: [1] Xiang Li, Jigang Jin, Concise Chinese Tort Laws, Springer-Verlag Berlin Heidelberg, 2014. [2] Niwata Noriaki, Sự cố thực phẩm và vấn đề người tiêu dùng, Nghiên cứu thương mại Mitsuda, quyển 27 số 3. [3] Tạp chí án lệ số 307 (1974) 87-101. [4] Nakamura Hiroshi, Vi phạm hợp đồng và phương thức bảo vệ quyền (2), Tạp chí Đại học Doshisha Quyển 32 số 3 (1980). [5] Tạp chí Án lệ số 1109; Tạp chí thời báo án lệ số 1805. [6] Nozawa, Nghiên cứu pháp luật so sánh trách nhiệm đảm bảo khuyết tật Masamishi (6) - Nhật bản. Pháp. EU, Tạp chí Luật học Rikkyo, Số 91 (2015). [7] Suzuki Miyako “Hạn bảo quản và trách nhiệm đảm bảo khuyết tật trong luật Đức” Tuyển tập luận văn đại học ngoại ngữ Tokyo, số 91 (2015). [8] Felix Maultzsch, Hướng phát triển mới về trách nhiệm đảm bảo khuyết tật của người bán trong pháp luật Đức và Liên minh Châu Âu, Tạp chí nghiên cứu pháp luật chính sách, quyển 82, số 2. [9] Katsuhiko Akabori, Luật trách nhiệm sản phẩm và quản lí rủi ro doanh nghiệp, Tạp chí luật học Học viện Kobe, quyển 38, số 3,4 (2009) 35. [10] Uchida, “Bảo hiểm trách nhiệm bồi thường thiệt hại và sự tham gia của doanh nghiệp đến đâu ?”, Tạp chí thứ 6, quyển 26, số 7 (2018).    

scholarly journals Arguments and Comments Presented during the Discussion of Dina Sõritsa’s Doctoral thesis The Health-care Provider’s Civil Liability in Cases of Prenatal Damages

2018 ◽  
Vol 27 ◽  
pp. 180-183
Author(s):  
André Dias Pereira
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Civil Liability ◽  
Comparative Law ◽  
Human Rights Law ◽  
Doctoral Thesis ◽  
The Public ◽  
The University

The paper presents the main topics that arose in the discussion of the doctoral thesis The Health-Care Provider’s Civil Liability in Cases of Prenatal Damages, presented at the facilities of the University of Tartu Faculty of Law by its author, Dina Sõritsa. These topics are briefly dealt with from a comparative-law perspective and with special attention to European human-rights law. The discussion articulates and proceeds from the opinions the author presented as designated opponent for the public defence of the dissertation.

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