Dr Kasper Jansen has been appointed as professor for one day a week to the personal chair European Liability Law, within the Private Law section at Erasmus School of Law, as of 1 January 2021. He will combine this position as professor with his main position as member of the Dutch Supreme Court’s Research Department.
Alignment with the School’s research profile
In his research, Kasper Jansen will focus on the European dimensions of national contractual and extra-contractual liability law. A practice-oriented (‘impact-driven’) approach will enable Jansen to seek alliance with the school’s research profile ‘Where law meets business’ and the ‘Behavioural Approaches to Contract and Tort’ research programme. Jansen aims to intensify the European dimension of education in the Dutch Master Aansprakelijkheid & Verzekering (Liability & Insurance).
Professor Suzan Stoter, Dean of Erasmus School of Law: “Kasper Jansen is a great talent. With this chair, the School positions itself further in the scientific vanguard of private law and in particular liability law.”
Three dimensions of European liability law
European influences have played a role in Dutch liability law for some time. Both European Union Law and European Human Rights influence the main themes of contractual and extra-contractual liability law, such as the definition of liability, damage and causal relationship. This influence occurs in three forms.
The first dimension concerns liability law of European origin: the European legislator prescribes the regulations that form part of Dutch liability law, whether or not after implementation by the national legislature. This raises questions of anchoring: how do European rules relate to national liability law?
The second dimension is a more indirect influence on Dutch liability law by European law. EU law and human rights can also influence the interpretation of national liability law concepts, even if they do not prescribe directly applicable rules. This creates legal uncertainty: how far does the impact of European law in national liability law extend?
The third dimension concerns the interaction of European and national liability law. These two fields of law influence each other back and forth, as sources of arguments for answering questions of liability law. What can national and European liability law learn from each other?
Jansen will focus on these three dimensions of European liability law in his research and education.
About Kasper Jansen
Kasper Jansen (1982) studied Dutch Law at Leiden University. After graduating, he was affiliated with the Civil Law Department of Leiden law school as lecturer and researcher for six years. He obtained his PhD cum laude in 2012 with a dissertation on information duties in contractual and extra-contractual liability law. He practised as a lawyer (admitted to the Supreme Court Bar) at Pels Rijcken & Droogleever Fortuijn in The Hague from 2012 to 2017. He has been a member of the Dutch Supreme Court’s Research Department (civil law section) since 2018. He has also been appointed as a deputy justice at the Hague Court of Appeal. Jansen publishes and lectures regularly. He is editor of the Netherlands’ Journal of Private Law (NTBR) and key-author in Kluwer’s Green Series on Tort Law (Articles 6:162 and 6:163 Dutch Civil Code).