Opzet en bewuste roekeloosheid in het arbeidsrecht en het privaatrecht
Wilful misconduct and deliberate recklessness in employment law and private law
In employment law, the concepts of 'intent' and 'deliberate recklessness' occur in various contexts. The same or very similar concepts are also used in other areas of private law, such as insurance law, transport law and traffic law. However, the concepts are not always interpreted in the same way. This raises the question whether the way in which the concepts of intent and deliberate recklessness are interpreted in private law is internally consistent with the way in which these concepts are interpreted in employment law. The dissertation discusses the interpretation of 'intent' and 'deliberate recklessness' in both employment law and other areas of private law. Parliamentary history, literature and the case law of the Supreme Court as well as lower courts are extensively examined. Subsequently, the findings relating to employment law and private law are compared with each other from the perspective of three viewpoints: terminology, ratio and type of legal subject. The differences and similarities observed are examined and cross-references are made between the various areas of law.
|C.J. Loonstra (Cees) , A.R. Houweling (Arthur)|
|Boom Uitgevers, Den Haag|
|Organisation||Erasmus School of Law|
Schouten, B. (2020, December 18). Opzet en bewuste roekeloosheid in het arbeidsrecht en het privaatrecht. De Bakelsreeks. Boom Uitgevers, Den Haag. Retrieved from http://hdl.handle.net/1765/134594