Tort and Insurance Law, vol. 19Willem H. van Boom/Meinhard Lukas/Christa Kissling (eds.)
Tort and Regulatory Law

Tort and Insurance Law, vol. 19

originally published with Springer (Vienna/New York); now available at Verlag Österreich (Vienna)
320 p. ISBN 978-3-7046-5870-8

Language: English


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Tort law interacts strongly with public regulations. Is the breach of statutory duty in itself a sufficient basis for liability? Does the fact that some acts are allowed by a permit issued by public agencies exempt the executors of such acts from liability altogether? These questions and similar problems on the borderline between tort and regulatory law serve as the basis for in-depth reports by several scholars specialised in this field. 
Hence, a new volume in ECTIL's series "Tort and Insurance Law" have been published in Co-operation with the Research Unit for European Tort Law (Austrian Academy of Sciences, Vienna): W.H. van Boom/M. Boom/C. Kissling (eds.), Tort and Regulatory Law (2007) systematically analysing the interaction of administrative law and tort law. The focus is, in particular, on safety regulations and provisions aimed at environmental protection. 
This volume contains contributions on the legal aspects of tort and regulatory law in 9 countries of the European Union as well as from Norway, Switzerland and the USA. Moreover, three special reports on the perspectives of administrative and regulatory law as well as of the insurance perspective and an economic analysis are included. The results are summarised in a comparative analysis, followed by conclusions. 
 
 
 
Contents and Contributors
C. Kissling: Introduction 

Questionnaire 
 
Country Reports
M. Lukas: Tort and Regulatory Law in Austria
M, Lukas: Delikts- und Verwaltungsrecht in Österreich
K. Morrow: Tort and Regulatory Law in England and Wales
P. Billet and F. Lichère: Tort and Regulatory Law in France
U. Magnus, K. Bitterich: Tort and Regulatory Law in Germany
A. Menyhárd: Tort and Regulatory Law in Hungary
A. Monti, F. A. Chiaves: Tort and Regulatory Law in Italy
R. J.P. Kottenhagen, P. A. Kottenhagen-Edzes: Tort and Regulatory Law in The Netherlands
B. Askeland: Tort and Regulatory Law in Norway
M. Jagielska, G. Zmij: Tort and Regulatory Law in Poland
P. del Olmo: Tort and Regulatory Law in Spain
C. Kissling: Tort and Regulatory Law in Switzerland
M. S. Shapo: Tort and Regulatory Law in the United States of America 
 
Special Reports
F. Fracchia: Administrative Tort in Italian Law: Liability of Public Administrations and Diligence of Private Individuals
I. Ebert and C. Lahnstein: Regulatory Law and Insurance
M. Faure: Economic Analysis of Tort and Regulatory Law 
 
Comparative Analysis and Conclusions
W. H. van Boom: On the Intersection Between Tort Law and Regulatory Law - A Comparative Analysis
M. Lukas: The Function of Regulatory Law in the Context of Tort Law - Conclusions