Nowadays, extra-contractual liability law concerns more than merely the compensation of damage. Against the background of increasing public interest litigation and a growing attention for collective interests, legal practice ever more frequently relies on the century-old liability rule to pursue prevention and enforcements of rights. By means of specific examples and applications, this book offers a clear and innovative view on the possibilities and boundaries of extra-contractual liability law to pursue non-compensatory goals.
In addition, this monograph analyses the declaratory action. On the basis of numerous examples from case law and using valuable comparative law insights, the author has construed a framework that is based on the Belgian legal system and is directly applicable in practice. Not only does the declaratory action offer a solution for the limitations of liability law, it can also be of added value in multiple other regards: from anticipating evidence-related problems or offering preventive legal protection, to facilitating out-of-court dispute resolution or providing satisfaction. The practical approach and offered step-by-step plan clear the way for legal practice to fully benefit from this promising instrument’s potential.
This monograph constitutes the commercial edition of the PhD thesis that Pieter Gillaerts successfully defended on 19 June 2020.
The monograph is now available at Intersentia (in Dutch).
