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"The discussions in this book are intended as a set of general observations on the confluence (or collision) of the legal system with notions of personal responsibility."--Preface.
Liability (Law) --- Responsibility --- Accountability --- Moral responsibility --- Obligation --- Ethics --- Supererogation --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law)
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Den Ausgangspunkt der Arbeit bildet die Frage, in welchem Umfang die "Universalsukzession kraft Rechtsgeschäft" für den Unternehmensverkehr nutzbar gemacht werden kann. Aktueller Anlass der Untersuchung sind die durch das deutsche Umwandlungsgesetz von 1994 - sowie auf rechtsvergleichender Ebene das Schweizer Fusionsgesetz aus dem Jahre 2003 und das österreichische Unternehmensgesetzbuch aus dem Jahre 2007 - eröffneten Gestaltungsmöglichkeiten.Unter Berücksichtigung des Systems der Verfügungsgeschäfte nach dem Bürgerlichen Gesetzbuch, wird der Versuch einer Gesamtdarstellung sämtlicher universalsukzessiver Übertragungstatbestände unternommen. Dabei wird die Möglichkeit aufgezeigt, die handelsrechtlichen Vorschriften der §§ 25 ff. HGB als Pendant zu den umwandlungsrechtlichen Instituten der Spaltung und Vermögensübertragung aufzufassen.Einen weiteren Schwerpunkt bilden ferner die Auswirkungen auf den Bereich des Schuldrechts. Auf der Grundlage der verschiedenen universalsukzessiven Übertragungstatbestände können Schuldverhältnisse grundsätzlich frei, d.h. ohne Zustimmung des betroffenen Vertragspartners, übertragen werden. Nachgegangen wird den Grenzen einer solchen "freien" Übertragbarkeit, der Funktion der Spaltungshaftung, wie auch den möglichen leistungsstörungsrechtlichen Implikationen einer Rechtsübertragung im Wege der Universalsukzession.
Assets (Accounting) --- Liability (Law) --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Asset requirements --- Standards. --- Commercial Law. --- Reorganization of Companies Act.
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European agencies have been created at a rapid pace in recent years in a multitude of highly pertinent and sensitive fields ranging from pharmaceuticals and aviation safety to chemicals or financial supervision. This agency phenomenon shows no signs of relenting, and the trend in recent years is towards the delegation of ever-broader powers. These bodies, meant to operate at arm's length from political control, have real power and their opinions and decisions can have a directimpact on individuals, regulators, and member states. Given the powers wielded by the agencies, who is responsible for
Administrative agencies --- Liability (Law) --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Agencies, Administrative --- Executive agencies --- Government agencies --- Regulatory agencies --- Administrative law --- Public administration --- Law and legislation
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Accident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Scholarly writing on this branch of law traditionally has been concerned with examining the law for consistency with felt notions of right and duty. Since the 1960's, however, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behavior. Steven Shavell's book is the definitive synthesis of research to date in this new field.
Liability (Law) --- Law and economics. --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics --- Jurisprudence --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Economic aspects.
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This volume analyses thirteen cases, from the perspective of sixteen national European legal systems, in order to explore the legal nature of the precontractual phase and the liability which may follow a break-off of precontractual negotiations. The precontractual phase is difficult to characterise and analyse in either legal or practical terms. The negotiating parties have begun their journey together, but they are not yet in the relationship - the contract - which is their aim. The negotiations may fail after a lengthy period in which either party may have incurred significant expenses and invested time and effort. The break-off of the negotiations may come as a shock to one party where the negotiations were far advanced, or at least where there was nothing to suggest that they were not likely to lead to their fruition in the contract. The disappointed party is therefore likely to seek a remedy.
Law of obligations. Law of contract --- European law --- Contracts, Preliminary --- Liability (Law) --- 347.4 <4> --- Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Europa --- 347.4 <4> Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Europa --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Preliminary agreements --- Preliminary contracts --- Law and legislation --- Law --- General and Others
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Due to its scope and depth, Moore's Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart's and Honoré's Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore's most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore's influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.
Causation (Criminal law) --- Causation. --- Liability (Law) --- Metaphysics. --- Proximate cause (Law) --- Cause, Proximate --- Causation --- Criminal law --- Criminal liability --- Negligence --- Torts --- Philosophy --- God --- Ontology --- Philosophy of mind --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Causality --- Cause and effect --- Effect and cause --- Final cause --- Beginning --- Metaphysics --- Necessity (Philosophy) --- Teleology --- Causa (Criminal law) --- Causality (Criminal law) --- Moral and ethical aspects. --- Moore, Michael S.,
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Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems
Torts. --- Liability (Law) --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Negligence --- Reasonable care (Law) --- Europe. --- Council of Europe countries --- Eastern Hemisphere --- Eurasia --- Tort Law.
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"This book combines conceptual insights into what shapes contemporary accountability mechanisms with a selection of case studies. The volume analyses and discusses issues related to the accountability and transparency of public power. The authors deal with various problems connected to controlling public institutions and incumbents' responsibility in state bodies. The work is divided into three parts: Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights discusses the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers and policy makers working in the areas of Constitutional Law and Politics"--
Liability (Law) --- Government liability --- Transparency in government --- Law and legislation --- Government in the sunshine --- Open government (Transparency in government) --- Openness in government --- Sunshine, Government in the --- Transparence in government --- Public administration --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- accountability;constitutionalism;control;rule of law;state organs;transparency
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Risk has always been an element of life. Yet modern technology continues to spread environmentally hazardous activity beyond State boundaries. These hazardous—yet socially useful—activities exist in a grey area between legality and wrongfulness. The Environment, Risk and Liability in International Law explains the important role liability plays in risk management and environmental protection, within the realm of international law. The text explores questions such as the lawfulness of acts which negatively affect the environment, as well as who should be liable for transfrontier damages. From private to public interest, from individual to common concern, activities involving risk are a growing preoccupation of our societies.
Liability (Law) --- Government liability (International law) --- Liability for environmental damages. --- Environmental law, International. --- Transboundary pollution --- Law and legislation. --- International environmental law --- Environmental damages, Liability for --- International claims --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Environmental law --- International law --- Common heritage of mankind (International law) --- Torts --- Sovereignty --- Claims --- Civil law --- Contracts --- Obligations (Law) --- Liability for environmental damages --- Environmental law, International --- Law and legislation --- Transboundary pollution - Law and legislation
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This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
Amnesty. --- Human rights. --- Liability (Law) --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Amnesty --- Criminal justice, Administration of --- Executive power --- Clemency --- Forgiveness --- Pardon --- Political rehabilitation --- Law and legislation --- Law of armed conflicts. Humanitarian law --- Criminal law. Criminal procedure --- Law --- General and Others
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