2005
DOI: 10.1017/cbo9780511493881
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Compensation for Personal Injury in English, German and Italian Law

Abstract: Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Ger… Show more

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Cited by 51 publications
(9 citation statements)
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“…countries, such as Belgium, the United Kingdom, Germany, Italy [29][30][31], to standardise the traffic accident compensation according to the outcome of an accident by reducing the number of legal disputes [32]. There are multiple factors that make it particular, although perhaps the severity of injury has the greatest impact on the economic damage suffered by a victim.…”
Section: Actuarial Valuation Of Production Lossmentioning
confidence: 99%
“…countries, such as Belgium, the United Kingdom, Germany, Italy [29][30][31], to standardise the traffic accident compensation according to the outcome of an accident by reducing the number of legal disputes [32]. There are multiple factors that make it particular, although perhaps the severity of injury has the greatest impact on the economic damage suffered by a victim.…”
Section: Actuarial Valuation Of Production Lossmentioning
confidence: 99%
“…-the creditor has no claim to performance if this is impossible for the debtor or for anyone ( § 275(1) BGB). 21 -the debtor may (even in case of impossibility) 22 The liability for damages is therefore fault-dependent, 23 but termination is available regardless of responsibility for the breach.…”
Section: German Lawmentioning
confidence: 99%
“…Budući da se u slučaju osobnih povreda potpuna naknada ostvaruje na "približan" način, smatra se da se u određenim vrstama naknada ipak mogu prepoznati neki kažnjivi elementi. 43 Povrede zdravlja same za sebe predstavljaju štetu (danno biologico). Prema sadašnjem uređenju 44 danno biologico treba naknađivati unutar parametara koji ne uzimaju u obzir mogućnosti zarađivanja same žrtve, već je to je šteta sama za sebe, oštećenje pravno (i ustavno) zaštićenog prava na zdravlje.…”
Section: Poredbeno Pravounclassified