Compensation for Personal Injury: Comparative Incentives for the Interplay of Tort Law and Insurance Law
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Helmut Koziol
Abstract
There are quite a lot of differences between compensation schemes in Europe when it comes to personal injuries. Under most legal systems the social security systems do not change the law of damages as the social insurer can take recourse against the tortfeasor. But particularly in Scandinavia the social security system displaces tort law by excluding the possibility of recourse and thus providing for a generous release from liability for the offender. These differences give the impression that they would prevent harmonisation of European compensation systems, but it seems that such differences are bridgeable.
Note
A German version of this article has already been published under the title ‘Ausgleich von Personenschäden. Rechtsvergleichende Anregungen für das Zusammenspiel von Schadenersatz- und Versicherungsrecht’ Austrian Law Journal 2015, 186.
© 2017 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- Models of Negligence – The Debate in Israel’s Supreme Court
- Compensation for Personal Injury: Comparative Incentives for the Interplay of Tort Law and Insurance Law
- Risky Business: Enterprise Liability, Corporate Groups and Torts
- Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues
- Are We Really Helping Them? – The Needs of Tort Victims in Mass Litigation Environments
- Book Reviews
- Miquel Martín-Casals/Diego M Papayannis (eds), Uncertain Causation in Tort Law (Cambridge University Press 2015). 344 pp. ISBN 978-1-107-12836–1. £ 79.99 (hardback).
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- Models of Negligence – The Debate in Israel’s Supreme Court
- Compensation for Personal Injury: Comparative Incentives for the Interplay of Tort Law and Insurance Law
- Risky Business: Enterprise Liability, Corporate Groups and Torts
- Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues
- Are We Really Helping Them? – The Needs of Tort Victims in Mass Litigation Environments
- Book Reviews
- Miquel Martín-Casals/Diego M Papayannis (eds), Uncertain Causation in Tort Law (Cambridge University Press 2015). 344 pp. ISBN 978-1-107-12836–1. £ 79.99 (hardback).
