자료유형 | 단행본 |
---|---|
개인저자 | Gilʻad, Yiśraʼel, editor. Askeland, Bjarte, editor. |
서명/저자사항 | Prescription in tort law:analytical and comparative perspectives/edited by Israel Gilead, Bjarte Askeland. |
발행사항 | Cambridge, UK ; Antwerp, Belgium ; Chicago, IL: Intersentia, [2020]. |
형태사항 | xii, 746 p.; 24 cm. |
딸림자료 | |
총서사항 | Principles of European tort law (European Group on Tort Law) |
ISBN | 9781780689630 |
서지주기 | Includes bibliographical references. |
요약 | "Prescription is a major legal defence that bars civil actions on a claim after the expiry of a certain period of time. Despite its far-reaching practical effects on litigation and on society at large, and the fact that it is the subject matter of pervasive legal reforms in many countries, the law of prescription (limitation of actions) is rarely discussed, analysed and compared. To meet this challenge, this book canvasses in-depth the law of 16 selected jurisdictions (covering Europe, South Africa and the US jurisdictions) and extensively analyses in comparative perspective the elements of prescription (accrual of the cause of action, prescription periods, rules of suspension, renewal and extension and upper time limits), their interrelations, and the policy considerations (including economic analysis). Topics also covered include the notions of ‘action’, ‘claim’, and ‘cause of action’, subjective and objective prescription, statute interpretation and judicial discretion. The book introduces important insights into how the present law can be improved and, where possible, harmonised. While its main focus is the prescription of tort claims, the analysis, comparison and conclusions are highly relevant to most civil actions. Prescription in Tort Law is the result of a three-year research project conducted by the European Group on Tort Law (EGTL) that brings together leading academics of the field. It is an invaluable resource for private lawyers."-- |
일반주제명 | Limitation of actions -- Europe. Limitation of actions -- South Africa. Limitation of actions -- United States. Torts -- Europe. Torts -- South Africa. Torts -- United States. |
언어 | 영어 |
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