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Deviating From The Principle Of Full Compensation In Belgian Tort Law

Subject: Insurance & Liability law
Author: Pieter Gillaerts
Publisher: Die Keure / La Charte
Year published: 2017

As an exception to the rule that the loss lies where it falls, tort law shifts the loss on the basis of the tortfeasor's responsibility. Key to the scope of the redress is the fundamental principle of full compensation. It is based on a traditional balancing of interests, where the interest of the innocent victim prevails over the interest of the guilty person. Yet, our increasingly complex society and the wide array of deviations calls ..

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