Anknüpfung von Beweiserleichterungen

The qualification of reductions of burden of proof has long been a subject of controversy in private international law. This thesis contributes to the existing body of research by offering a strictly functional qualification from a comparative law perspective. The thesis compares the law governing antitrust damages, liability for medical malpractice and liability for negligent advice in Germany, Austria and the United Kingdom. This comparison reveals the indispensible link between reductions of burden of proof and substantive law. The thesis demonstrates that reductions of burden of proof must be consistently qualified as substantive law to follow international decisional harmony.