书目名称 | Disgorgement of Profits |
副标题 | Gain-Based Remedies |
编辑 | Ewoud Hondius,André Janssen |
视频video | |
概述 | Is the first comparative book on disgorgement of profits.Establishes the notion of disgorgement of profits as a keyword in the discourse of private law.Presents a concise analysis of the law of 24 jur |
丛书名称 | Ius Comparatum - Global Studies in Comparative Law |
图书封面 |  |
描述 | .Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of .Blake v Attorney General., [2001] 1 .AC .268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be .disgorged .of his profits..This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the |
出版日期 | Book 2015 |
关键词 | Benevolent intervention; British case of Blake v Attorney General, [2001] 1 AC 268; Civil law jurisdic |
版次 | 1 |
doi | https://doi.org/10.1007/978-3-319-18759-4 |
isbn_softcover | 978-3-319-37300-3 |
isbn_ebook | 978-3-319-18759-4Series ISSN 2214-6881 Series E-ISSN 2214-689X |
issn_series | 2214-6881 |
copyright | Springer International Publishing Switzerland 2015 |