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  • Book
  • © 2007

Tort and Regulatory Law

  • An in-depth analysis of the borderline between private liability law and public regulation

Part of the book series: Tort and Insurance Law (TIL, volume 19)

  • 10k Accesses

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Table of contents (21 chapters)

  1. Front Matter

    Pages I-XIII
  2. Introduction

    1. Introduction

      • Christa Kissling
      Pages 1-4
  3. Questionnaire

    1. Questionnaire

      Pages 5-8
  4. Country Reports

    1. Front Matter

      Pages 9-9
    2. Tort and Regulatory Law in Austria

      • Meinhard Lukas
      Pages 11-32
    3. Tort and Regulatory Law in France

      • Philippe Billet, François Lichère
      Pages 89-114
    4. Tort and Regulatory Law in Germany

      • Ulrich Magnus, Klaus Bitterich
      Pages 115-153
    5. Tort and Regulatory Law in Hungary

      • Attila Menyhárd
      Pages 155-169
    6. Tort and Regulatory Law in Italy

      • Alberto Monti, Filippo Andrea Chiaves
      Pages 171-186
    7. Tort and Regulatory Law in The Netherlands

      • Rob J. P. Kottenhagen, Pepita A. Kottenhagen-Edzes
      Pages 187-204
    8. Tort and Regulatory Law in Norway

      • Bjarte Askeland
      Pages 205-221
    9. Tort and Regulatory Law in Poland

      • Monika Jagielska, Grzegorz Zmij
      Pages 223-250
    10. Tort and Regulatory Law in Spain

      • Pedro del Olmo
      Pages 251-293
    11. Tort and Regulatory Law in Switzerland

      • Christa Kissling
      Pages 295-328

About this book

Tort law interacts strongly with public regulation. Is the breach of a 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 them from liability altogether? These questions and similar problems on the borderline between tort and regulatory law serve as a basis for in-depth analyses by several scholars specialized in this field. This book thus systematically analyses the interaction of administrative law and tort law. The focus is mainly on safety regulations and provisions aimed at environmental protection.

This publication contains reports from 9 countries of the European Union, from Norway, Switzerland and the USA, three special reports from the perspectives of administrative and regulatory law and of the insurance as well as an economic analysis. The results are summarised in a comparative report, followed by conclusions.

Bibliographic Information