Basic Questions of Tort Law from a Germanic Perspective
The publication is the first volume in The Basic Questions of Tort Law from a Comparative Perspective project which is funded under the auspices of the FWF (Österreichischer Fonds zur Förderung der wissenschaftlichen Forschung [Austrian Science Fund]).
Published in 2012, this book is the first part of a project supported by the Austrian Science Fund, which seeks to produce answers to the basic questions of tort law in Europe from a comparative perspective. ‘Basic Questions of Tort Law from a Germanic Perspective’ is intended to provide a basis for comprehensive responses by representatives of other European legal families and jurisdictions outside Europe on the fundamental ideas elaborated in this book. In line with the FWF’s open access policy, a free electronic copy
of the study is archived on the publisher’s website.
The book in hand tries to give a more extensive introduction to the delictual and contractual law of liability and damages. It addresses basic problems and questions and where appropriate elaborates upon them; it queries the usual arguments, prompts the reconsideration of apparently established ideas and enhances awareness of interrelationships. Above all the position of the law of tort within the overall system for the protection of legal goods is examined. The resulting conclusions serve to facilitate the subsequent elaboration of the tasks of the law of tort, in which context the increasingly emphasised economic function is discussed as well as the compensatory, deterrent and penal functions.
However, the book is not limited to these very general considerations but also seeks to apply the insights gained in order to examine both general and more specific questions. These in turn aim to provide the reader with information which will enable him or her to understand better the ideas in foreign legal systems. Nonetheless, no attempt is made to provide a complete overview; instead the focus is on particularly controversial issues and new approaches. Not only is the relationship between breaches of obligations and torts examined, the basic requirements for a claim under tort law – damage and causation – are discussed. An extensive section is devoted to the elements of establishing liability; besides wrongfulness and fault, other defects within the sphere of the party liable for damages are looked at: for example, the capacity to bear the economic burden, insurability, the notion of a risk community and the interplay of the various elements. The question of liability on the side of the victim, ie contributory responsibility, is looked at anew – starting from basic principles. After the limitation of liability, the compensation of damage and the reduction of the duty to compensate, a final section is devoted to the prescription of compensation claims. The book in hand tries to give a more extensive introduction to the delictual and contractual law of liability and damages. It addresses basic problems and questions and where appropriate elaborates upon them; it queries the usual arguments, prompts the reconsideration of apparently established ideas and enhances awareness of interrelationships. Above all the position of the law of tort within the overall system for the protection of legal goods is examined. The resulting conclusions serve to facilitate the subsequent elaboration of the tasks of the law of tort, in which context the increasingly emphasised economic function is discussed as well as the compensatory, deterrent and penal functions.
Ken Oliphant and Barbara C Steininger (eds),
European Tort Law: Basic Texts
This unique collection makes available, for the first time in a single volume, English versions of basic tort law texts from 27 national systems in Europe. It includes key provisions of national civil codes and other important legislative enactments, as well as extracts from leading cases. Additional chapters deal with EU Law (EU Tort Law and EU Conflict of Laws) and the European harmonisation projects (the Principles of European Tort Law and the Draft Common Frame of Reference).
The book was launched on the occasion of last week’s 10th Annual Conference on European Tort Law in Vienna, and is dedicated to the conference’s founder, Helmut Koziol.
The book is published by Jan Sramek Press in Vienna, on behalf of the Institute for European Tort Law (Austrian Academy of Sciences) and the European Centre of Tort and Insurance Law. It can be ordered at the price of Euro 29,90 (excluding postage and packing) through the publishers' website www.jan-sramek-verlag.at
, by emailing Sabine Warschitz at firstname.lastname@example.org
or by using this order form
H. Koziol/J. Seethaler/T.Thiede (eds.)
Medienpolitik und Recht - Media Governance, Wahrhaftigkeitspflicht und sachgerechte Haftung
The media market is in flux. Decades-old genres of established media seem to disappear in increasing convergance, cross-media strategies and “content production”. Competition, traditionally limited within individual media sectors, is expanding and intensifying. In turn this creates concentrations spanning new media and serious changes in the working conditions of journalists. This situation gives rise to the such pressing questions as whether the media are fulfilling their social functions, why and to what extent they fail to do so and which political and legal developments are contradictory to these functions. In this unique collection scholars and practioners from the field of media and legal sciences have tried to provide answers to these questions.
United Europe - Unified Law?
At the end of 2006, the Austrian Academy of Sciences established a number of research centres, including the Social Sciences Research Centre, merging individual research institutions into centres in order to promote interdisciplinary research. Collaboration between scholars from different fields in the Social Sciences should lead to new insights, not only through discourse from different viewpoints, but also in the recognition of new questions. To facilitate this, a function of the Social Science Research Centre is to arrange public panels and discussions in which at least two research institutes discuss a topic from their different points of view, usually with the participation of an outside guest.
The first of these events took place February 1, 2007 and was dedicated to an indeed not new, but still extremely relevant subject: the unification of law in a united Europe. Sonja Puntscher-Riekmann, then Executive Director of the Institute of European Integration Research, Helmut Koziol, Managing Director of the Research Unit for European Tort Law, and Michael Faure, professor at Maastricht University who has also been a contributor to the work of the same Research Unit, discussed this theme from various perspectives, including Political Sciences, private law and the economic analysis of law. The discussions showed that opinions differ enormously concerning the possibility of such legal unification as well as its meaningfulness, this dependant on whether the question is considered from a political, legal-theoretical or an economic viewpoint. This volume provides a synopsis of the views of representatives from these three different fields. It should help contribute to an awareness of the various arguments and the achievement of a balanced perspective concerning legal unification.