Publication
Title
Compensation funds : their nature, their function and their legality
Author
Abstract
Compensation funds, created or recognised by the government, are mechanisms to help victims of certain accidents, disasters or other damage inflicting events, when the traditional compensation sources are not capable to fully compensate the victim. Compensation funds have become increasingly important, proof of which are the sheer number of funds created over the years in a variety of domains of law: medical accidents, vaccination damage, natural disasters, motor accidents, asbestos-related health damage and more. With the advent of new risks came the need for new compensation mechanisms. The three traditional compensation sources – tort law, insurance and social security – are not always suited to cover damage resulting from these risks alone. Compensation funds are able to complement the traditional sources or in some extreme cases replace them. As compensation funds become more important, the need for a fundamental analysis of their nature, function and legality grows. The purpose of this research is to analyse the nature and functioning of compensation funds and to know what role compensation funds (can) play in compensation law. Since compensation funds can have various shapes and several functions, they are very versatile. This versatility is reflected in the four research questions: - What are the advantages and disadvantages of compensation funds? Compensation funds are discussed in their totality and compared to the other compensation sources. - Do compensation funds offer sufficient procedural protection to applicants? Three procedural topics are examined: access to court, impartiality and independence and giving reasons. - Do compensation funds comply with the rules of anti-discrimination law? The creation of a fund leads per definition to a differential treatment of victims. This potential discrimination is tested on a procedural level, on the level of compensation and regarding the eligibility criteria. - Is concurrence with tort law, insurance, social security and other compensation funds allowed, and if so, can compensation from both sources be cumulated? This question has both a practical and fundamental value. This PhD mixes legal analysis of legislation, case law and secondary sources such as literature and official websites and brochures from the compensation funds with horizontal comparison of the law of Belgium, France, the Netherlands and the UK. The compensation funds have been chosen to give a good representation of the diversity and versatility of compensation funds. The PhD concludes with practical recommendations towards lawmakers for current and future compensation funds.
Language
English
Publication
Antwerp : University of Antwerp, Faculty of Law , 2022
Volume/pages
xvi, 782 p.
Note
Supervisor: Vansweevelt, T. [Supervisor]
Supervisor: Weyts, B. [Supervisor]
Full text (publisher's version - intranet only)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
Record
Identifier c:irua:190290
Creation 22.09.2022
Last edited 18.10.2022
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