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Compensation Funds in Comparative Perspective (Paperback)
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Compensation Funds in Comparative Perspective (Paperback)
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Compensation funds are used in vastly different ways across
jurisdictions and legal traditions. They are an alternative to
traditional tort, insurance and social security structures, and
change or eliminate ordinary liability rules for certain classes of
victims. Compensation funds have been established to solve
liability problems in the domains of traffic accidents, financial
deposits, crime victim redress, industrial and environmental
damage, natural disasters and healthcare damage. They are popular
with lawmakers, but their undefined nature (and sometimes
incoherent status) raises important legal questions that have not
yet been fully answered.The way that compensation funds have
developed in different jurisdictions has not always been consistent
with the rest of the legal system within that jurisdiction. The
contributions in this book consider the way in which these funds
have been used in Belgium, France, Germany, the Netherlands, New
Zealand, Spain and the United Kingdom. Focusing on their functions,
purpose, funding and quantum of compensation, new conclusions are
drawn on the objectives of compensation funds and how they differ
from insurance and social security.Compensation Funds in
Comparative Perspective is useful for all comparative law,
liability law and insurance law scholars and practitioners seeking
to understand contemporary issues in the operation of compensation
funds and introduces novel ideas for future development.
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