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A word rap with Lena Hornkohl

Montag, 16.05.2022

Our Land Steiermark Senior Fellow about her research project, her career path and her plans for Graz

My research project...

... concerns a specific concept of non-contractual liability law called 'safeguard liability'. I am researching whether safeguard liability could represent a new form of non-contractual liability beyond recognized institutions from a comparative and European law perspective.

Several provisions in Austrian, German and European law indicate the existence of this type of liability, which can occur in certain three-person constellations. The relevant provisions provide for damages claims against a person, the safeguard defendant, who, in principle, would not be liable according to known elements of attribution, such as fault or according to known principles of strict liability. However, in the sphere of the safeguard defendant, the untraceability of the cause of damage or the unenforceability of a claim for compensation of the injured party against an actual responsible third-party tortfeasor materialises. This third-party tortfeasor is difficult to identify for the injured party, contrary to the safeguard defendant. The latter can also insure the enforcement risks more easily, enjoys certain corresponding advantages or if the safeguard defendant is an entrepreneur, can economically pass on the damage to its customers. Thus, according to the relevant provisions, the safeguard defendant should bear the enforcement risk rather than the injured party.

 

This is of interest because…

... in case of an affirmation of such a concept, safeguard liability would represent an essential new dogmatical non-contractual liability concept. 

 

This fellowship...

... gives me the opportunity to analyze the Austrian non-contractual liability legal order, which is particularly relevant because the notion of safeguard liability was first discovered in an Austrian context by Professor Koziol. During the fellowship, I will assess the existing non-contractual liability provisions in the Austrian legal order for their respective common features concerning normative purposes, prerequisites, scopes and consequences.

 

You in three #

#civillaw #europeanlaw #competitionlaw

 

Your career path has been...

... I studied law in Heidelberg and Uppsala, undertook my practical training at the Higher Regional Court Karlsruhe, received an LLM in European Law and Economic Analysis from the College of Europe and a PhD in private enforcement of competition law from Heidelberg University. I previously worked as a research assistant at the Institute for Civil Law, Corporate and Commercial Law, European Law and Comparative Law of Heidelberg University and as a lawyer for competition law in an international law firm in Brussels. In 2020, I joined the Max-Planck-Institute Luxembourg as a postdoctoral researcher and Senior Research Fellow.

 

In Graz you would like to...

... meet researchers of various fields, enjoy the depths of the law library, present my research and attend interesting talks and presentations in the law faculty. 

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