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Altruism in Private LawLiability for Nonfeasance and Negotiorum Gestio$
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Jeroen Kortmann

Print publication date: 2005

Print ISBN-13: 9780199280056

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199280056.001.0001

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Theoretical Arguments in Favour of Granting a Remedy to the Intervener

Theoretical Arguments in Favour of Granting a Remedy to the Intervener

Chapter:
(p.91) 9 Theoretical Arguments in Favour of Granting a Remedy to the Intervener
Source:
Altruism in Private Law
Author(s):

Jeroen Kortmann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199280056.003.0009

This chapter explores the theoretical arguments in favour of granting a remedy to the intervener in Continental Europe. One of the main arguments that have been used to justify the granting of a claim to the intervener has been that the law ought not to discourage interveners. Amongst English and American scholars, too, those who argue in favour of granting a remedy to the intervener usually invoke this policy argument. Under the present policy argument, it is assumed, potential good Samaritans are discouraged because their intervention might prove to be a costly affair if the beneficiary refuses to reimburse their expenses and compensate them for their losses. The solution, it is argued, is to introduce a right to be compensated for the loss incurred during the intervention — to ‘offset pre-legal countervailing disincentives’ — or even a right to a positive reward in order to actively encourage intervention.

Keywords:   intervener, Continental Europe, policy argument, policy argument, Samaritans

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