Prescription in Tort Law

Prescription is a major legal defence that bars civil actions after the expiry of the prescription period on the claim. This book canvases in-depth the law of 15 selected jurisdictions and extensively analyses in comparative perspective the elements of prescription, their interrelations, and the policy considerations (including economic analysis). While the book focuses on prescription of tort claims the analysis, comparisons and conclusions are most pertinent to most civil actions.
Editor(s):
Israel Gilead, Bjarte Askeland
Series:
Principles of European Tort Law
Volume:
book | forthcoming | 1st edition
August 2020 | xii + 748 pp.

Paperback
€119.-


ISBN 9781780689630



Publication date: August 14, 2020

Details

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.

With contributions by Bjarte Askeland (Bergen Appeal Court Judge, Norway), Ewa Baginska (University of Gdańsk, Poland), Jean-Sébastien Borghetti (University Paris II Panthéon-Assas, France), Giovanni Comandé (Sant’Anna School of Advanced Studies, Italy), Eugenia Dacoronia (University of Athens, Greece), Isabelle Durant (Université catholique de Louvain, Belgium), Israel Gilead (Hebrew University, Israel), Michael D Green (Wake Forest University, United States), Ernst Karner (University of Vienna, Austria), Anne LM Keirse (Utrecht University, The Netherlands), Bernhard A Koch (University of Innsbruck, Austria), Frédéric Krauskopf (University of Bern, Switzerland), Ulrich Magnus (University of Hamburg, Germany), Miquel Martín-Casals (University of Girona, Spain), Johann Neethling (University of the Free State, South Africa), Elena Occhipinti (University of Pisa, Italy), Ken Oliphant (University of Bristol, United Kingdom), Albert Ruda-González (University of Girona, Spain), Stefan Rutten (University of Antwerp), Luboš Tichý (Charles University, Czech Republic) and Bénédict Winiger (University of Geneva, Switzerland).


Israel Gilead is Bora Laskin (Emeritus) Professor of Law at the Hebrew University of Jerusalem, where he was Dean of the Faculty of Law between 1999 and 2002. Since 2016, he has been a Professor and Head of the Advanced Legal Studies program at The Academic Center for Law and Sciences, as well as Head of the committee in charge of social sciences, law and business administration at the Israeli Council of Higher Education. Israel is a Member of the European Group on Tort Law and of the American Law Institute and is the author of numerous publications on tort law, law and economics, prescription and corporate law.

Bjarte Askeland is an Appeal Court Judge in Gulating lagmannsrett, Bergen, Norway and a Professor of Law at the University of Bergen. He is a Member of European Group of Tort Law and author of numerous monographs and articles on tort law.

Table of Contents

There are no separate chapters available for this publication.

About the series:

Principles of European Tort Law

The series Principles of European Tort Law of the European Group on Tort Law contributes to the advancement and harmonisation of tort law in Europe.

The Group’s members are leading academics from civil law, common law and mixed legal systems who believe that the advancement of European tort law is of major relevance to European citizens and the European economy. Publications in this series, edited by different members of the Group, illuminate and analyse the existing legal position on fundamental and topical issues of tort law on a national and European level, taking into account relevant theoretical and inter-disciplinary perspectives. A key feature of each publication will be the analysis of hypothetical cases, showing clearly in practical terms where jurisdictions diverge or converge.

It is envisaged that the series will culminate in the publication of an updated, revised and expanded version of the Principles of European Tort Law, building on the research and analysis contained in the earlier volumes of the series.

With a subscription to the series you enjoy a 15% discount on each volume!

More about this series