Faculty of Law
Revue européenne de droit privé. - Dordrecht
, p. 235-263
University of Antwerp
The article provide information on recent case law in Europe. The Belgian Hof van Cassatie/Cour de cassation held that a fiduciary transfer cannot be identified with a pledge and proceeds must be conferred to the creditor. The German Bundesgerichtshif ruled that the omission of a necessary medical treatment constitutes a medical error. Settlements covering all mutual claims are to be interpreted based on the parties' intention and the course of fair dealings according to the Austrian Oberster Gerichtshof.