Dear Members

 

I am endeavouring to make a comparison between the basic rules governing intent, wilful misconduct and gross negligence in French/Belgian and Swiss law. These concepts are always a bit vague and heavily influenced by the facts of a case, but there are marked differences: in Swiss law, e.g., it is not possible to exclude or limit liability for gross negligence (Article 100 Swiss Code of Obligations).

 

I have two questions to put to the Group:

-      does anyone have any suggestions on key readings in Swiss law (I am well acquainted with French and Belgian law), especially cases where the concepts are explained as a matter of principle;

-      would you see any useful comparison to common law cases?

 

Of course I am well aware that such a subject is nearly endless, but a comparison with some leading precedents may be useful because the concept of wilful misconduct as such does not separately exist in French, Belgian and Swiss law, so a detailed account of the concepts in common law jurisdictions may help to clarify the standards to be applied.

 

Best regards

 

Ralph De Wit

 

Ralph De Wit
Law Faculty VUB (University of Brussels)
Faculty of Applied Economics UA (University of Antwerp)
Van Doosselaere Attorneys (Antwerp)
Office: +32 3 203 40 03 (direct line)
Office fax : +32 3 225 28 81
Home, incl. fax: +32 3 288 77 25
Mobile: +32 496 234 069
RalphDeWit@skynet.be, RalphDeWit@vandoosselaere.be