A. Introduction
In this research programme for the
European Centre of Tort and Insurance Law we propose to focus on the role of tort law in the 21st century, relating to
other compensation mechanisms. We feel that it is necessary to pay attention to
fundamental questions relating to the function of tort law, insurance and social security,
and especially the relationship between those instruments. We feel that tort law is coming
under increasing pressure and may not be able to cope with the challenges of today, given
the high expectations that exist with respect to tort law. Tort law broke adrift. Hence,
we feel that it is necessary to focus again on the fundamental function of tort law to
enable it to take up its function of accident prevention and (limited) compensation.
B. Method
We propose to address the function and evolution of tort law according
to a comparative methodology. The evolution of tort law and its expanding role is indeed
not limited to a few legal systems. Hence, we shall address evolutions in case law and
legal doctrines in a variety of European countries, but obviously also taking into account
the evolutions in the United States, this country often being presented as the example of
a legal system where tort law broke adrift.
In addition, we already mentioned that we do not want to limit our
research to tort law itself, but address the role of tort law in comparison with insurance
and social security. It is interesting to address the mix of this variety of instruments
in their aim of accident prevention and compensation.
Finally, the issues mentioned above cannot only be addressed from a
legal point of view. Hence, the social science and economic literature with respect to
accident prevention and compensation shall have to be addressed and taken into account as
well.
C. Projects
We propose to examine the issues set out in our research programme
through a variety of research projects which focus on the goals of tort law and
insurance and their interrelationship. We are already working on the following topics:
