商品簡介
All European legal systems recognise a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction to be maintained. In fact the boundary between the two areas is often blurred and whether it is drawn in one place or another varies from country to country, giving rise to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another. This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes. It also analyses to what extent actions in tort and in contract exclude each other and, when this is the case, how their concurrence is organised. Lastly it devotes its attention to specific situations such as pre-contractual liability and the liability of professionals. With contributions by Bjarte Askeland, Ewa Baginska, Jean-Sebastien Borghetti, Giovanni Comande, Eugenia Dacoronia, Michael G Faure, Israel Gilead, Michael D Green, Anne LM Keirse, Bernhard A Koch, Ulrich Magnus, Miquel Martin-Casals, Johann Neethling, Ken Oliphant, Albert Ruda Gonzalez, Jaap Spier, Lubos Tichy, Vibe Ulfbeck, Pierre Widmer, Benedict Winiger.
作者簡介
Miquel Martin-Casals is Professor Civil Law at the University of Girona (Spain) since 1993. Previously he was Assistant Professor of Civil Law (University of Barcelona, 1980) and Associate Professor of Civil Law (Autonomous University of Barcelona 1986).He obtained a law degree (1978) and a doctorate (1984) at the University of Barcelona.He is member of several legal societies and groups (President of the Grup d'Estudis de Tecnica Legislativa (GRETEL); Vice-president of the International Society of Family Law (ISFL) and the American Law Institute (ALI), etc.) and of editorial boards of journals (European Review of Private Law, Journal of Comparative Law, etc.).