Die Harmonisierung von Haftungsprivilegierungen und Regress in der gesetzlichen Unfallversicherung

With a view to enhancing the position of injured persons, this thesis analyses various possibilities of carrying out harmonisation of rules on privileged positions as to liability and on recourse in the area of German statutory accident insurance with regard to the degree of fault and the fault reference point. Alternatives are discussed both de lege lata and de lege ferenda. The rules on privileged positions as to liability and on recourse currently provide for less stringent conditions to be applied to recourse taken by statutory accident insurance providers than apply to claims for damages by injured persons. Understanding of the legal norms involved is facilitated by an account of their historical development. An analysis of comparative law looks at the way recourse and privileged positions as to liability are structured in Swiss statutory accident insurance.