Rüdiger Wilhelmi
Risikoschutz durch Privatrecht
Eine Untersuchung zur negatorischen und deliktischen Haftung unter besonderer Berücksichtigung von Umweltschäden
[Protection against Risk through Private Law. A Study of the Actio Negatoria and Tort Law with Special Reference to Damage to the Environment.]
2009. 447 pages. Price for libraries
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Summary
The law provides several remedies to balance freedom of action and protection against risks. Rüdiger Wilhelmi studies the actio negatoria, which focuses on the elimination of imminent damage and can also serve as a basis for prohibitory injunctions. He also looks at tort law, which awards damages for pain and loss already suffered, and explains the criteria for finding a duty of care as a prerequisite for both tort law and the actio negatoria.