Tort Law in the Jurisprudence of the European Court of Human Rights (Tort and Insurance Law #30) (Hardcover)

Tort Law in the Jurisprudence of the European Court of Human Rights (Tort and Insurance Law #30) Cover Image

Tort Law in the Jurisprudence of the European Court of Human Rights (Tort and Insurance Law #30) (Hardcover)

By Attila Fenyves (Editor), Ernst Karner (Editor), Helmut Koziol (Editor)

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This is book number 30 in the Tort and Insurance Law series.

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR).

These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law.

The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real 'just' satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

Attila Fenyves, Professor of Civil Law, University of Vienna; Ernst Karner, Professor of Civil Law, University of Vienna; Helmut Koziol, Managing Directorof theEuropean Centre of Tort and Insurance Law, Vienna; Elisabeth Steiner, Judge of the European Court of Human Rights in Strasbourg.
Product Details ISBN: 9783110259667
ISBN-10: 3110259664
Publisher: de Gruyter
Publication Date: November 17th, 2011
Pages: 930
Language: English
Series: Tort and Insurance Law