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Fundamental Rights and Private Law in Europe: The Case of Tort Law and Children

9780415579452

Fundamental Rights and Private Law in Europe: The Case of Tort Law and Children

  • ISBN 13:

    9780415579452

  • ISBN 10:

    0415579457

  • Format: Hardcover
  • Copyright: 06/23/2011
  • Publisher: Routledge

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Summary

The book explores the relationship between fundamental rights and private law in the European Union, a debate usually referred to as Drittwirkung or 'horizontal effect of fundamental rights'. The work focuses on the field of torts and, in particular looking at the legal position of the tortfeasor. Part I of the book is dedicated to exploring the different possible models of Drittwirkung , the functions and evolution of the law of torts, and the particular impact that fundamental rights may have in shaping the legal consequences that may derive to tortfeasors from their tortious acts. Part II focuses on the relationship between children's tort liability and their fundamental rights in a number of jurisdictions including France, Italy, Germany, Portugal, Sweden, Finland, Norway, England and Wales. The book goes on to consider policy implications and the book advances proposals which would ensure the optimisation and maximisation of the scope of fundamental rights in the field of the law of torts.

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