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Prescription in Tort Law: Analytical and Comparative Perspectives

Edited by: Israel Giead, Bjarte Askeland

ISBN13: 9781780689630
Published: August 2020
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £113.00



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Prescription is a major legal defence that bars civil actions on the 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 canvases in-depth the law of 15 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, extension, etc), 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 concludes with how the present law can be improved and where suitable 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 lead by the European Group on Tort Law (EGTL) that brings together leading academics of the field. It is an invaluable resource for private lawyers.

Subjects:
Tort Law
Contents:
Part I. Theoretical and Comparative Analyses
Analytical and Comparative Report
Economic Analysis
Part II. Prescription in Tort Law Outlined
Case Scenarios:
Austria
Belgium
Czech Republic
England and Wales
France
Germany
Greece
Italy
The Netherlands
Norway
Poland
South Africa
Spain
Switzerland
United States
European Union
Appendix: Questionnaire

Series: Principles of European Tort Law

Regulating Risk Through Private Law ISBN 9781780684796
Published January 2018
Intersentia Publishers
£95.00
The Liability of Public Authorities in Comparative Perspective
Edited by: Ken Oliphant
ISBN 9781780682389
Published October 2016
Intersentia Publishers
£93.00
European Product Liability and New Technologies ISBN 9781780683980
Published August 2016
Intersentia Publishers
£113.00
Unification of Tort Law: Causation
Edited by: Jaap Spier
ISBN 9789041113252
Published November 2002
Kluwer Law International
£67.00
Unification of Tort Law: Strict Liability ISBN 9789041117052
Published November 2001
Kluwer Law International
£212.00
Unification of Tort Law: Damages
Edited by: Ulrich Magnus
ISBN 9789041114815
Published December 2000
Kluwer Law International
£151.00
Unification of Tort Law: Wrongfulness
Edited by: Helmut Koziol
ISBN 9789041110190
Published November 1998
Kluwer Law International
£71.00
The Limits of Expanding Liability: Eight Fundamental Cases in a Comparative Perspective
Edited by: Spier
ISBN 9789041105813
Published January 1995
Kluwer Law International
£148.00