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Injunctions Against Intermediaries In The European Union

Author: Martin Husovec
Publisher: Cambridge University Press
ISBN: 1108246176
Size: 32.95 MB
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In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.

The Draft Common Frame Of Reference As A Toolbox For Domestic Courts

Author: Marta Santos Silva
Publisher: Springer
ISBN: 3319529234
Size: 35.77 MB
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This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.

Water Civilization

Author: Yoshinori Yasuda
Publisher: Springer Science & Business Media
ISBN: 4431541101
Size: 76.90 MB
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Water Civilization: From Yangtze to Khmer Civilizations comprises three major topics: 1) Discovery of the origin of rice agriculture and the Yangtze River civilization in southern China was mainly based on investigation of the Chengtoushan archaeological site, the earliest urban settlement in East Asia. The origin of rice cultivation can be traced back to 10000 BC, with urban settlement starting at about 6000 BP; 2) The Yangtze River civilization collapsed around 4200 BP. Palaeoenvironmental studies including analyses of annually laminated sediments in East and Southeast Asia indicate a close relationship between climate change and the rise and fall of the rice-cultivating and fishing civilization; and 3) Migrations from southern China to Southeast Asia occurred after about 4200 BP. Archaeological investigation of the Phum Snay site in Cambodia, including analyses of DNA and human skeletal remains, reveals a close relationship to southern China, indicating the migration of people from southern China to Southeast Asia. This publication is an important contribution to understanding the environmental history of China and Cambodia in relation to the rise and fall of the rice-cultivating and fishing civilization, which we call water civilization.

Medical Malpractice On Trial

Author: Paul C. Weiler
Publisher: Harvard University Press
ISBN: 9780674561205
Size: 58.87 MB
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Examines the medical malpractice crisis, suggests shifting insurance responsibility from doctors to hospitals, and proposes a no-fault liability system

Non Contractual Liability Arising Out Of Damage Caused To Another

Author: Christian von Bar
Publisher: Walter de Gruyter
ISBN: 3866538650
Size: 26.64 MB
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"Non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the DCFR. The law of non-contractual liability arising out of damage caused to another (in the Common Law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict) is the area of law which determines whether one who has suffered a damage can on that account demand reparation (in money or in kind) from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this volume presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.