Een rechtseconomische analyse van het Nederlandse onrechtmatigedaadsrecht

The three main goals of tort law that are distinguished in contemporary Dutch legal literature (compensation, prevention and loss spreading) all recur in the Law and Economics goal (minimization of the total costs of damaging events), although compensation is regarded as the means with which to strive for prevention and loss spreading. In this study, among other things it is analyzed whether the three forms of unlawfulness from art. 6:162 Civil Code from a Law and Economics perspective all have an independent rationale, or that the negligence rule in the end is always determinative. Furthermor... Mehr ...