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Journal of Foreign Legislation and Comparative Law
Reference:

Konstantinovsky M.M. Trespass to Land — Tort and Liability in English Law

Abstract: The article provides a general legal analysis of one of the oldest types of English tort law — trespass — «invasion». The research concerns the main species of tort — trespass to land — «invasion of private property.” Analyzes the differences between the English common law tort of correlative branches of civil law jurisdictions. Provides an overall legal description of trespass to land: the concept and characteristics of tort, object and subject of the offense, the subject of protection, the basic means of protection against intrusion into the private domain (remedies), as well as basic protections from lawsuits of victims (defenses). Provided the basic conditions for a claim of trespass to land, types of claims of the victim. The article presents the leading English cases governing trespass to land. This article used in the monographs of British and Russian scientists and lawyers. The article is for interest to law students, practicing lawyers and lawyers involved in comparative law.


Keywords:

tort, invasion, private, possession, violation, offense, border, property, protection.


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