Compulsory Liability Insurance

Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. This project surveys compulsory liability insurance from 9 national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom).

It considers in particular:
  • the overall scheme for the law of liability insurance,
  • available empirical data on statutory obligations to take out liability insurance,
  • the details of the different compulsory liability insurance systems (including the control mechanisms and the sanctions imposed),
  • the purpose of provisions stating an obligation to take out liability insurance;
  • attitudes and concerns about the compulsory liability insurance systems,
  • compulsory liability insurance from a constitutional and a European perspective
  • (implications of the four freedoms and the European Convention on Human Rights), compulsory liability insurance and economic analysis of law, and aspects of insurability.
The project leaders were Prof. Attila Fenyves (Vienna University), Prof. Stefan Perner (Linz University), Ass.-Prof. Daniel Rubin (Vienna University) and Dr. Christa Kissling (Institute for European Tort Law, ETL, Vienna). The project was conducted by ECTIL in cooperation with the Institute for European Tort Law.