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Journal of European Tort Law

Editor-in-Chief: Oliphant, Ken

Ed. by Karner, Ernst / Koch, Bernhard A. / Wendehorst, Christiane

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Compensation for Personal Injury: Comparative Incentives for the Interplay of Tort Law and Insurance Law

Helmut Koziol
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  • Deputy Director, European Centre of Tort and Insurance Law, Vienna, Austria and retired Professor, University of Vienna, AustriaAustria
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Published Online: 2017-05-04 | DOI: https://doi.org/10.1515/jetl-2017-0002


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.

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Published Online: 2017-05-04

Published in Print: 2017-05-01

Citation Information: Journal of European Tort Law, Volume 8, Issue 1, Pages 41–53, ISSN (Online) 1868-9620, ISSN (Print) 1868-9612, DOI: https://doi.org/10.1515/jetl-2017-0002.

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