1 / 8

1973 Convention on Law Applicable to Products Liability

1973 Convention on Law Applicable to Products Liability. Signatory States. Croatia, Finland, France, Luxemburg, Montenegro, Netherlands, Norway, Serbia, Slovenia, Spain, Macedonia. Convention determines in particular. Basis and extent of liability

Download Presentation

1973 Convention on Law Applicable to Products Liability

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. 1973 Convention on Law Applicable to Products Liability Advokaterna Liman & Partners

  2. Signatory States • Croatia, Finland, France, Luxemburg, Montenegro, Netherlands, Norway, Serbia, Slovenia, Spain, Macedonia Advokaterna Liman & Partners

  3. Convention determines in particular • Basis and extent of liability • Grounds for exemption,limitation and division of liability • Kinds of damage • Form of compensation and its extent • Liability of principals and employers • Burden of proof • Rules of prescription and limitation Advokaterna Liman & Partners

  4. Articles 4-7, • Art 4, law of place of injuryif • a) Also habitual place of residence of victim or • b) Principal place of business of defendant or • c) Place where the product was acquired by victim Advokaterna Liman & Partners

  5. Art 5, law of residence of victimif • a) Also principal place of business of defendant or • b) Place where the product was acquired by victim Advokaterna Liman & Partners

  6. If Art 4-5 don´t apply • Art 6 gives claimant choice between • Law State of principal place of business of defendant or • Law State of place of injury Advokaterna Liman & Partners

  7. Application • Midair collision Uberlingen, July 1, 2002 • Court of First Instance Barcelona, Spain, May 2009 • Spanair JKK 5022, Madrid-Barajas, August 20, 2008 • Air France AF 447, June 1, 2009 Advokaterna Liman & Partners

  8. Advokaterna Liman & Partners

More Related