| Abstract: | The european liability systems differ widely. The divergences arise in the liability systems themselves, the extent of compensation in relation to damaged property and personal injury claims and the costs of bringing about an action. It is particulary problematic that the person having suffered damages (could say: injured party) cannot insure an unforeseen event and in addition the (tortfeasor) wrongdoer will often have to bear the costs for his own damages.The essay develops a concept of compensation that aims to close the liability gaps through private insurance contracts. In the context of these insurance contracts it is possible to choose the preferred legal system. The european liability and compensation systems can be harmonized without straining the european legislator. Furthermore, the article goes on to show that class action is going to gain more importance in Europe. |
