Tort and Insurance Law, vol. 18Miquel Martín-Casals (ed.)
Children in Tort Law
Part II: Children as Victims

Tort and Insurance Law, vol. 18

originally published with Springer (Vienna/New York); now available at Verlag Österreich (Vienna)
320 p. ISBN 978-3-7046-5869-2

Language: English


[Buy online] 

 
     
 

 

Since children are not as capable as adults to perceive the risks involved in many situations of daily life, they are at a high risk of suffering personal injuries, mainly resulting from home, school and traffic accidents. 
From the tort law perspective, this requires a specific treatment of children as victims. For the last few decades some legal systems have been trying to find new solutions for a better protection of children, while other legal systems still follow more traditional rules. 
After having tackled the problems concerning the position of children as tortfeasors in a previous book, in this book the same working team deals with the problems related to the position of children as victims. This book analyses both the traditional solutions found in some legal systems and the newer solutions offered by others and devotes specific attention to damage issues, apportionment of damage and insurance problems when the victim is a child.
 

 

 
 
Contents and Contributors
Country Reports
S. Hirsch: Children as Victims under Austrian Law
P. de Tavernier:
Children as Victims under Belgian Law
J. Hrádek:
Children as Victims under Czech Law
K. Oliphant:
Children as Victims under the Law of England and Wales
L. Francoz-Terminal, F. Lafay, O. Moréteau and C. Pellerin-Rugliano: Children as Victims under French Law
G. Wagner: Children as Victims under German Law
G. Commandé and L. Nocco:
Children as Victims under Italian Law W. H. van Boom and M. Moncada Castillo: Children as Victims under Dutch Law
M. Manuel Veloso: Children as Victims under Portuguese Law I. V. Kornev: Children as Victims under Russian Law
M. Martín-Casals, J. Ribot and J. Solé Feliu:
Children as Victims under Spanish Law
B. Bengtsson: Children as Victims under Swedish Law 

Comparative Report
M. Martín-Casals and Josep Solé Feliu: Comparative Report 

Final Conclusions
G. Wagner:
Final Conclusions Policy Issues and Tentative Answers