Stathis Banakas | University of East Anglia (original) (raw)

Papers by Stathis Banakas

LexisNexis eBooks, 2011

... UEA Law School Working Paper Series Harmonization of European Private Law: Out of Date: Out o... more ... UEA Law School Working Paper Series Harmonization of European Private Law: Out of Date: Out of Time? Stathis Banakas UEA LAW WPS 2010-SB-1 ISSN 1754-5218 Other papers of the series are available at http://www.uea.ac.uk/law/Research/Papers Page 2. ...

Social Science Research Network, May 6, 2009

Page 1. Electronic copy available at: http://ssrn.com/abstract=1400125 DRAFT DRAFT DRAFT DRAFT DR... more Page 1. Electronic copy available at: http://ssrn.com/abstract=1400125 DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT D Prof. Dr. Jochen Taupitz (Hrsg. / ed.) Zivilrechtliche Regelungen zur Absicherung der Patientenautonomie am Ende des Lebens eine ...

Larcier eBooks, Oct 1, 2018

Arbitration International, Jun 1, 1992

Personal Injury Awards in EC Countries. An Industry Report, by David McIntosh and Marjorie Holmes... more Personal Injury Awards in EC Countries. An Industry Report, by David McIntosh and Marjorie Holmes. Published by Lloyds of London Press Ltd., London (1991, pp. 192). Paperback £125. This is a very interesting, and, indeed, one might say uniquely valuable publication, in an area of European law which needs the urgent attention of the EC law makers, and those responsible for harmonising the laws of EC member states. Accidental personal injury is an extremely serious kind of damage, subject, at the moment, to a substantial amount of variety, as to the type and amount of compensatory awards offered by the different legal systems of EC member states. With the final demise of EC national frontiers at the end of this year, the current situation, where the degree of legal protection against this most important loss-type, for the increasingly mobile European businessman, lorry-driver, holiday-maker or worker, is subject to the lottery of an otherwise meaningless jurisdictional variation, will become even harder to tolerate. It is, therefore, surprising that the appropriate Directorate of the EC Commission has no plans, at the moment, of a draft Directive for harmonising awards of compensation for personal injury in EC member states. The Treaty of Rome is conspicuously silent on this same matter, and a European …

European review of private law, Jun 1, 2002

This article contemplates a new European tort law, based on entirely new, reformed common princin... more This article contemplates a new European tort law, based on entirely new, reformed common princinples and not a conceptual amalgamation of the common or not so common principles of existing national laws in the EU. It starts with discussion of the arguments for and against a common European tort law. Then the article addresses the question of how this new law should be created. It proposes five new liability principles as anchors of liability, with examples of how they should work. And it suggests a method similar to that of the American restatements, with the creation of a European Law Institute, for the production and promotion of a uniform text of European Tort Law.

European review of private law, Sep 1, 1999

This paper is a comparative study of the remedies available for economic losses caused by incorre... more This paper is a comparative study of the remedies available for economic losses caused by incorrect financial advice or information in a system of extracontractual liability working with General Clauses (French law), and two other systems working with restrictive concepts of tort liability intended to relativise the protection of economic interests (English and German law). The extent to which recovery for such losses is allowed in the three legal systems is analysed and compared, and the practical significance of the conceptual differences considered. Additionally, the paper discovers the emergence of the new idea of voluntary assumption of responsibility as a foundation of tort liability serving different dogmatic and legal policy goals in English and German law.

InDret, 2009

Voluntary assumption of liability is an idea that naturally belongs to the province of the law of... more Voluntary assumption of liability is an idea that naturally belongs to the province of the law of Contract. It is the obvious basis of contractual liability. It is not an obvious basis of liability in Tort or Delict, where traditionally obligations have been seen as imposed ex lege. This paper examines recent developments in the English law of negligence that have placed this idea at the centre of tortious liability, analyses this concept and considers the implications of these developments for the future of both Tort and Contract.

Social Science Research Network, 2008

FUTURE 'It's tough to make predictions, especially about the future' (2). Nevertheless, the Law, ... more FUTURE 'It's tough to make predictions, especially about the future' (2). Nevertheless, the Law, like everything else, exists in a continuum and it is very much the case that 'Time present and time past Are both perhaps present in time future, And time future contained in time past' (3). I. The broader European Contract Law project has already had a significant past. Indeed, what has been already accomplished is so much that there seems little that is new to be expected in the future. The Lando Principles of European Contract Law have been completed (4); the academic Draft of the Common Frame of Reference (CFR) has just been published (5). And two

Social Science Research Network, 2010

Springer eBooks, 2009

It is a great honour and pleasure to salute, for a second time in a Festschrift3, Er-win Deutsch,... more It is a great honour and pleasure to salute, for a second time in a Festschrift3, Er-win Deutsch, a scholar of gigantic stature in the field of civil liability, whose intel-lectual mentorship and generosity I have felt since the very beginning of my re-search in this area. This short ...

Dalloz eBooks, Jul 1, 2016

Presses universitaires d’Aix-Marseille eBooks, 2016

Kluwer Law International eBooks, 2002

CONTENTS: 1. Looking for a role for Comparative law in European Legal Harmonisation-2. What is Le... more CONTENTS: 1. Looking for a role for Comparative law in European Legal Harmonisation-2. What is Legal Culture?-3. Legal Culture and the harmonisation process-4. Taking Harmonisation seriously: a review of some basic issues. 1.The harmonisation of European private law is an unstoppable process, its momentum increasing, it seems, in reverse proportion to the objections and criticisms it provokes. Politicians, academics, pressure groups and the media are all, for different reasons, attracted by it, and involved in increasing its momentum. Academic objections, in particular, from those among us that are concerned about the degrading effect of piecemeal harmonisation on national private law theory built on centuries of painstaking labour of scholars and practitioners seem more and more futile. The Alhambras of national legal art are falling as Europe is hurrying on to greater integration. The question now is what will emerge in their place, and it is in this connection that Comparative law may be of some help. First, however, Comparative law needs to be tuned into shape. Whether it is a science or not 1 , it is certainly a discipline today submerged in a self-analysis of its own aims and methods. A reason for this is, perhaps, not so much the state of the health of its methodology, but, rather, the 'boundless freedom that it offers', described by Professor Kokkini-Iatridou as 'the great attraction of comparative law''. This freedom, is, indeed, dangerous, and one should heed to the warning of Ludwig Wittgenstein, that most cautious, among modern thinkers, when defining the premises of communicating knowledge through the unique instrument of language. Talking about comparison in general, he pointed out the great risk of confusing the prototype with the object of comparison, which we are viewing in its light 2. I do not propose to enter here the controversy about whether comparative law is a science or, less pretentiously, only a method or, finally, only a humble craft, acquired through experience and intuition. If it is a method, it is better based on empirical premises.

Cambridge Law Journal, Nov 1, 1977

Case and Comment 245 her face. There the defendant's reaction was out of all proportion, it seems... more Case and Comment 245 her face. There the defendant's reaction was out of all proportion, it seems, because he punched the plaintiff in the eye, but here it was another matter, because he only killed him. We get the feeling that the Court of Appeal was rightly unhappy with its earlier decision, and, unable to overrule it, was glad to find any and every way round it. In practical terms, this is usually the judicial equivalent of what John Culhane did to Timothy Murphy with the plank of wood.

Martinus Nijhoff Publishers eBooks, 2006

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