Behavioural Approaches to Contract and Tort

Behavioural Approaches to Contract and Tort

By thinking, deciding, and acting, we display behaviour, and in private law, behaviour is relevant in more than one respect. At times, legislatures have preconceived ideas about behaviour and how private parties will respond to legislative intervention. For example, a legislature may enact specific legislation, submitting directors of corporations to fault-based liability in the event of an insolvency of the corporation, assuming that this will give directors the incentive to take appropriate care in running the corporation's affairs. But will they do so in practice? Are there any behavioural side effects such as overzealous risk avoidance or an increase in directors’ salary demands?

Also, in order to give a clearer picture of the scope of this research, a short description of the work of some of our researchers is given below.

BACT management team: Prof. Michael Faure, Prof. Siewert Lindenbergh, Prof. Peter Mascini, Prof. Pieter Desmet, Prof. Franziska Weber and Marianne Breijer.

The research programme offers scholars the opportunity to visit our group for a short research stay. We offer an exciting environment for multidisciplinary legal research and enjoy the exchange of thoughts and ideas with academics having research interests similar to our own. The programme for Visiting Fellows is open to all academic staff – professors, PhD candidates, postdocs, research fellows, and so on – from any country. Obviously, the fellow’s research interests and activities during the visit should be relevant for the BACT research programme. The fellow commits to presenting his/her research at one of the BACT seminars and to participating in our academic gatherings.

*Note that BACT is not in the position to fund your accommodation in Rotterdam, but we will help you with arranging your accommodation. We advise you to make your own arrangements for travel, health, and liability insurance.

If you consider applying, please make informal enquiries with Prof. P. Mascini or Prof. M.G. Faure.

  • Professor Xandra Kramer holds an endowed chair in European Civil Procedure

    Her research focuses on international litigation and conflict of laws in contracts and torts. She is interested in the crossroads between economic efficiency and procedural fairness, the actual functioning of civil justice systems and its impact on litigants, transnational complex litigation and enforcement and EU harmonisation. Her research combines doctrinal legal research, comparative law, policy-oriented and (qualitative) empirical research. She acquired a research grant (Vidi) from the Dutch organisation for scientific research (NWO) for a project on ‘Securing quality in cross-border enforcement’. She was the project leader of several studies for the Dutch Ministry of Justice on mass litigation and debt collection and for the European Parliament and the codification of European private international law.

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