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Abbreviations | p. XIII |
Introduction | p. 1 |
The Problem | p. 1 |
A Breach of Administrative Law Rules | p. 2 |
Acting in Compliance with Administrative Law Rules | p. 2 |
Compensation from Other Sources | p. 3 |
Structure of the Book | p. 3 |
Questionnaire | p. 5 |
General | p. 5 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 6 |
Fault-based Liability | p. 6 |
Compensation from Other Sources | p. 7 |
Some Cases | p. 7 |
Country Reports | p. 9 |
Tort and Regulatory Law in Austria | p. 11 |
General | p. 11 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 20 |
Fault-Based Liability | p. 25 |
Compensation from Other Sources | p. 29 |
Some Cases | p. 31 |
Delikts- und Verwaltungsrecht in Osterreich | p. 33 |
Allgemeines | p. 33 |
Sicherheitsvorschriften und umweltrechtliche Normen | p. 43 |
Verschuldenshaftung | p. 47 |
Andere Haftungsgrundlagen | p. 52 |
Einige Falle | p. 53 |
Tort and Regulatory Law in England and Wales | p. 57 |
General | p. 57 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 79 |
Fault-Based Liability | p. 82 |
Compensation from Other Sources | p. 85 |
Some Cases | p. 86 |
Tort and Regulatory Law in France | p. 89 |
General | p. 89 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 101 |
Fault-Based Liability | p. 105 |
Compensation from Other Sources | p. 109 |
Some Cases | p. 110 |
Tort and Regulatory Law in Germany | p. 115 |
General | p. 115 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 128 |
Fault-Based Liability | p. 135 |
Compensation from Other Sources | p. 146 |
Some Cases | p. 149 |
Tort and Regulatory Law in Hungary | p. 155 |
General | p. 155 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 160 |
Fault-Based Liability | p. 162 |
Compensation from Other Sources | p. 165 |
Some Cases | p. 166 |
Tort and Regulatory Law in Italy | p. 171 |
General | p. 171 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 177 |
Fault-Based Liability | p. 179 |
Compensation from Other Sources | p. 183 |
Some Cases | p. 184 |
Tort and Regulatory Law in The Netherlands | p. 187 |
General | p. 187 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 192 |
Fault-Based Liability | p. 196 |
Compensation from Other Sources | p. 199 |
Some Cases | p. 202 |
Tort and Regulatory Law in Norway | p. 205 |
General | p. 205 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 210 |
Fault-Based Liability | p. 213 |
Compensation from Other Sources | p. 217 |
Some Cases | p. 218 |
Tort and Regulatory Law in Poland | p. 223 |
General | p. 223 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 236 |
Fault-Based Liability | p. 241 |
Compensation from Other Sources | p. 245 |
Some Cases | p. 248 |
Tort and Regulatory Law in Spain | p. 251 |
General | p. 251 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 264 |
Fault-Based Liability | p. 280 |
Compensation from Other Sources | p. 286 |
Some Cases | p. 287 |
Tort and Regulatory Law in Switzerland | p. 295 |
General | p. 295 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 308 |
Fault-Based Liability | p. 313 |
Compensation from Other Sources | p. 318 |
Some Cases | p. 321 |
Tort and Regulatory Law in the United States of America | p. 329 |
Essay | p. 329 |
The Problem | p. 329 |
Breach of Rules | p. 330 |
Compliance with Rules | p. 335 |
Compensation from Other Sources | p. 342 |
Appendix - Answers to the Questionnaire | p. 346 |
General | p. 346 |
Safety Regulations and Provisions Aiming at Environmental Protection | p. 349 |
Fault-Based Liability | p. 350 |
Compensation from Other Sources | p. 351 |
Some Cases | p. 352 |
Special Reports | p. 355 |
Administrative Tort in Italian Law: Liability of Public Administrations and Diligence of Private Individuals | p. 357 |
Administrative Liability in Italian Law: An Overview | p. 357 |
Cassazione Decision of 22 July 1999, No. 500 | p. 359 |
From Tort Law to Contractual Liability | p. 360 |
Tort Law and Non-Performance of Obligations: The Problem of Fault | p. 361 |
Why Should Fault be Provided? | p. 364 |
Liability and Reduction of Inefficiency, Disorganisation and Illegality | p. 365 |
Liability for the Conduct of Another Person (Vicarious Liability) | p. 367 |
How to Detect Negligence (and to Find the Individual Liability) with Regard to a Procedural Activity Performed in a Complex Organization | p. 368 |
Case Law and Responsibility Selectors | p. 369 |
The Problem of the Organizational Defects | p. 373 |
The Court of Justice and the Onus of Proving Fault | p. 374 |
The Relationship Between Regulation and Tort Law: Goals and Strategies | p. 377 |
Introduction | p. 377 |
The Goals of Regulation and Tort Law | p. 377 |
Inducing Optimal Care: Sanctions Regimes | p. 379 |
Inducing Optimal Care: Pricing Regimes | p. 381 |
Rationalising the Use of Tort and Regulatory Law | p. 384 |
Overlaps and Divergences Between Tort and Regulation | p. 386 |
Conclusions | p. 389 |
Regulatory Law and Insurance | p. 391 |
General Aspects | p. 391 |
Specific Issues | p. 393 |
Economic Analysis of Tort and Regulatory Law | p. 399 |
Introduction | p. 399 |
Differences Between Tort Law and Regulation | p. 400 |
Criteria for Safety Regulation | p. 403 |
The Need to Regulate Environmental Pollution | p. 405 |
Safety Regulation in Practice | p. 407 |
Instruments of Deregulation? | p. 408 |
Liability and Regulation: Exclusivity? | p. 409 |
Violation of Regulation and Liability | p. 410 |
Compliance with Regulation and Liability | p. 411 |
Summary | p. 415 |
Comparative Analysis and Conclusions | p. 417 |
On the Intersection Between Tort Law and Regulatory Law - A Comparative Analysis | p. 419 |
Introduction | p. 419 |
General Remarks on the Interplay Between Regulatory Law and Tort Law | p. 422 |
Liability Under Administrative Law as a Form of Interplay | p. 427 |
Breach of Regulatory Law as a Wrongful Act | p. 429 |
Who is Granted Protection Under Tort Law in the Case of a Breach of Regulatory Law? | p. 431 |
Specific Consequences of Breach of Regulatory Law in Tort | p. 433 |
Regulatory Compliance and Regulatory Permit as a Defence Against Liability | p. 436 |
Safeguarding Compensation | p. 439 |
Compensation in Cases of Lawful (Regulatory) Interference | p. 441 |
Some Cases | p. 443 |
The Function of Regulatory Law in the Context of Tort Law - Conclusions | p. 449 |
Preliminary Remarks | p. 449 |
Functional Differences Between Regulatory Law and Tort Law | p. 452 |
Regulatory Law Grounds for Liability | p. 455 |
How Regulatory Law May Exclude Liability | p. 460 |
Particularities of Safety Regulations and Environment-Related Regulations | p. 462 |
Concluding Remarks | p. 463 |
Index | p. 465 |
Publications | p. 473 |
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