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- Mielnicki, Philip
(författare)
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Challenging the concepts of damage in Tort law with shock injury
- 2011
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Ingår i: European Review of Private Law. - Dordrecht : Kluwer law international. - 0928-9801 .- 1875-8371. ; 19:2, s. 291-307
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- The case of Yearworth decided by the Court of Appeals of England and Wales (2009) put the application of tort law and contract law to the test in several respects. A claim was brought by a number of men who had undergone treatment for cancer and therefore stored their sperm, which was negligently destroyed by the hospital, causing the men a psychiatric injury. It is thus a case of shock injury suffered consequential to an initial harm. However, what has been destroyed: a body part that constitutes a personal injury or damage to property? In addition, how is liability for a shock injury in such a case or other cases delimited? I argue that the assessment cannot be driven by an introspective definition of the concepts of harm. Instead, it is necessary to grasp the nature of the initial harm caused by the tortfeasor - including the rights (or protected interests) and duties related to that initial harm - and the normative correlation to the final personal injury (shock injury) suffered by the injured person. A model for making that assessment is presented here from a Swedish tort law perspective on shock injuries consequential to the destruction of biological material and property in general.
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| 2. |
- Persson, Annina H., 1963-, et al.
(författare)
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Household Credit, Indebtedness and Insolvency
- 2013
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Ingår i: European Review of Private Law. - Bedfordshire : Wolters Kluwer. - 0928-9801 .- 1875-8371. ; 21:3, s. 795-814
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Tidskriftsartikel (refereegranskat)abstract
- The problem of excessive debt among households in Sweden is increasing. As a result of the development within the financial sector, households in Sweden have increased their debt incurrence markedly. It has been relatively easy to borrow money, due to the deregulation of the credit market in Sweden in the 1990s and the low interest rates in recent years. As mortgage loan is the bulk of the total household debt, the risk that individuals will be affected by excessive debt incurrence and insolvency has therefore increased. Therefore, a number of new legislative changes have been implemented to overcome this problem. In order to prevent these risks, the Financial Authority has adopted a rule that stipulates that new loans should not exceed 85% of the property market value. Reports from both the Swedish Enforcement Authority and the Swedish Financial Supervisory Authority show that 20% of Swedish households have a difficult time making ends meet. Those who are affected by excessive debt often experience a lower standard of living since frequently they are impacted by distraint.The aim of this paper is to describe and analyze the excessive debt situation in terms of insolvency and effects on households and society. Firstly, we intend to investigate foreclosures in Sweden, both regionally and over time. Why are certain regions less frequently affected by these risks while other regions show higher levels of risk even during generally good years? Secondly, we will investigate whether (a) whether properties that have undergone executive auction are sold at a lesser value, (b) if these properties have an impact on the property prices in the vicinity and (c) if those who buy these properties themselves run a greater risk of insolvency. Thirdly, a closely related area of legal interest is investigating to what extent legislation provides a protective net for the debtor who, through the executive auction, thereby loses his/her residence.
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