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Tort Law in Brazil by BATTESINI

Tort Law in Brazil

By Eugênio Battesini, Magnum Eltz, Cesar Santolim


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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Brazil. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale.

Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Brazil. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.


Publish Date 07/12/2016
Publish Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041169327
SKU 10058724-0001
Table of Contents

The Authors

List of Abbreviations

General Introduction

Part I. Liability for One’s Own Acts

Chapter 1. General Principles

Chapter 2. Specific Cases of Liability

Part II. Liability for Acts of Others

Chapter 1. Vicarious Liability

Chapter 2. Liability of Parents, Teachers and Instructors (for Children, Minors, and Students)

Chapter 3. Liability for Things and Animals

Part III. Forms of Strict Liability

Chapter 1. Road and Traffic Accidents

Chapter 2. Product Liability

Chapter 3. Liability for Service

Chapter 4. Environmental Liability

Chapter 5. Others

Part IV. Defenses and Exception Clauses 

Chapter 1. Limitation of Action (Suspension and Interruption)

Chapter 2. Grounds of Justification

Part V. Causation

Part VI. Remedies

Chapter 1. General Principles

Chapter 2. Kinds of Damages

Chapter 3. Assessment and Compensation of Damages

Chapter 4. Personal Injury and Death

Chapter 5. Various Damages (Property)

Chapter 6. Interference with Collateral Benefits

Chapter 7. Other Remedies

Selected Bibliography