Norm relativity and election of private law remedies
PhD student: Mr W.T. Nuninga
Promotors: Prof W.H. van Boom, Mrs Prof A.L.M. Keirse
Duration: 1/9/2016 - 31/8/2022
It is a matter of international debate how private law norms should be enforced. Private law remedies are often seen as interchangeable. But do all remedies fit all wrongs? Are damages always appropriate for norms that seek to influence behaviour? Are injunctions appropriate for norms that seek to allocate loss? This research seeks to contribute to the international debate by inquiring whether the nature of the norm does or should exert any influence over selecting the remedy. It consists of an extensive case study of lower instance case law and a comparative element, both firmly embedded in legal theory. The first year of the research is dedicated to exploring the theoretical foundations of remedies and their goals and justifications. In the second year a first case study into lower instance case law in 2010-2016 will be conducted. In the third year, the comparative research will be commenced. In the fourth year the comparative research will be completed and a case study into lower instance case law in 2016-2020 will be conducted. After that the thesis will be completed. This should last no longer than two years.