Tort Law in Spain
Tort Law in Spain

Author: Sergio Nasarre-Aznar

Publisher: Kluwer Law International B.V.

Published: 2022-06-20

Total Pages: 356

ISBN-13: 9403546948

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the Spain. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Spain. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Sports Law in Spain
Sports Law in Spain

Author: Juan de Dios Crespo Pérez

Publisher: Kluwer Law International

Published: 2019-06-12

Total Pages: 200

ISBN-13: 9789403513508

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Spain deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Sports Law in Spain
Sports Law in Spain

Author: JUAN DE DIOS. CRESPO PEREZ

Publisher:

Published: 2024-04-28

Total Pages: 0

ISBN-13: 9789403518787

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Spain deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Damages Claims for Breach of Competition Law in Spain
Damages Claims for Breach of Competition Law in Spain

Author: Fernando Cachafeiro

Publisher:

Published: 2014

Total Pages: 0

ISBN-13:

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The paper analyses current case law on antitrust damages claims in Spain. It compares existing national rules with draft rules enacted by the European Commission. The study of Spanish jurisprudence shows that there is substantial agreement on a number of relevant issues, such as the effects of final decisions by the national competition authority; the right to full compensation which includes actual loss and loss of profit; the availability of and requirements for the passing-on defence; the dates that determine the start of the limitation periods; or consumer associations' standing to sue. There are also major discrepancies: there is no rebuttable presumption of damages in cartel cases; some inconsistencies in determining the value of the loss of profit may arise; interest is paid from the date of the claim; joint and several liability is difficult to find; and the limitation period is one year, among others. The alignment of Spanish Tort Law with the European Commission proposals can be accomplished by the mere action of Spanish courts when given the opportunity to resolve damages claims for the breach of Competition Law. The Ebro Foods judgement, where the Supreme Court substantially endorsed the European Commission's doctrine on the passing-on defence, is a good example of this way of thinking. On other occasions, however, Spanish particularities have a solid legal base and thus significant legal amendments will be required.

European Legal Development
European Legal Development

Author: John Bell

Publisher: Cambridge University Press

Published: 2014-07-31

Total Pages: 227

ISBN-13: 1107475627

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Reviews the relationship between the social environment and legal tradition in the development of tort law between 1850 and 2000.

Tort Law in the Jurisprudence of the European Court of Human Rights
Tort Law in the Jurisprudence of the European Court of Human Rights

Author: Attila Fenyves

Publisher: Walter de Gruyter

Published: 2011-11-30

Total Pages: 933

ISBN-13: 311026000X

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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.

Tort and Regulatory Law
Tort and Regulatory Law

Author: Willem H. van Boom

Publisher: Springer

Published: 2011-10-09

Total Pages: 0

ISBN-13: 9783211998830

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Here is a systematic analysis of the interaction of administrative law and tort law. The focus is mainly on safety regulations and provisions aimed at environmental protection. There are reports from the European Union, Norway, Switzerland and the USA, as well as three special reports from the perspectives of administrative and regulatory law and of insurance. An economic analysis is included. The results are summarized in a comparative report, followed by conclusions.

Unrestrained Liability for Pure Economic Loss in the United States and Spain
Unrestrained Liability for Pure Economic Loss in the United States and Spain

Author: Sulaiman Abdussamad

Publisher:

Published: 2016

Total Pages: 49

ISBN-13:

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Over the years, the problem of pure economic loss together with its presumptive non-recovery 'bright line' rule have continued to lead discussions on the boundaries of tort law, which is never closed. Perhaps nowhere else in the law of tort has there been such diversity of opinion than in the recoverability question of pure economic loss. Arguably, the most discussed and expanding rule in the realm of tort law today. This study, however, examines the notion of economic loss across two different systems, the tort laws of United States and Spain. It begins with how pure economic loss relates to contract. Why physical loss does enjoy more protection than economic loss? Why was there divergence of treatment for economic loss within and across systems? The courts' reluctance to allow recovery not linked with physical loss or injury for the fear that such admission would open the door to mass litigation, which might very well overwhelm the courts. The mutual concerns of both common and civil law courts to keep liability exposure on check and the use of duty in case of common law and causation for civil law to achieve that. Attention is also given to the uncertainty regarding the prerequisite for compensation of economic loss and the lack of consistent framework in determining recoverability. The study concludes with an opinion on the ongoing debate over the propriety or otherwise of recovery expansion.

Tort Liability of Public Authorities in European Laws
Tort Liability of Public Authorities in European Laws

Author: Giacinto della Cananea

Publisher: Oxford University Press

Published: 2020-12-15

Total Pages: 384

ISBN-13: 0192637614

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This series argues that there is a common administrative core to European legal systems that can be better understood in comparative terms. This volume examines government liability in tort, using case studies to explore different government responses. Part I sets the stage for the project and the parameters followed by the scholars involved. Part II expands on the legal systems chosen for comparison, setting up their general tort procedures. Part III presents case studies from Austria, the European Union, France, Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and the United Kingdom. Each case study has a theoretical response detailing what would happen should that case occur within each country's borders. Part IV compares and contrasts the information provided in Part III. It examines both the commonalities and the distinctive traits of these legal systems, with a view to understand the nature of their 'common core'. This volume is an essential tool for anyone involved in administrative and constitutional law and government liability in tort.

Tort Law in the Jurisprudence of the European Court of Human Rights
Tort Law in the Jurisprudence of the European Court of Human Rights

Author: Attila Fenyves

Publisher: Walter de Gruyter

Published: 2011

Total Pages: 0

ISBN-13: 9783119165976

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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.