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1973 Convention on Law Applicable to Products Liability

1973 Convention on Law Applicable to Products Liability. Signatory States. Croatia, Finland, France, Luxemburg, Montenegro, Netherlands, Norway, Serbia, Slovenia, Spain, Macedonia. Convention determines in particular. Basis and extent of liability

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1973 Convention on Law Applicable to Products Liability

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  1. 1973 Convention on Law Applicable to Products Liability Advokaterna Liman & Partners

  2. Signatory States • Croatia, Finland, France, Luxemburg, Montenegro, Netherlands, Norway, Serbia, Slovenia, Spain, Macedonia Advokaterna Liman & Partners

  3. Convention determines in particular • Basis and extent of liability • Grounds for exemption,limitation and division of liability • Kinds of damage • Form of compensation and its extent • Liability of principals and employers • Burden of proof • Rules of prescription and limitation Advokaterna Liman & Partners

  4. Articles 4-7, • Art 4, law of place of injuryif • a) Also habitual place of residence of victim or • b) Principal place of business of defendant or • c) Place where the product was acquired by victim Advokaterna Liman & Partners

  5. Art 5, law of residence of victimif • a) Also principal place of business of defendant or • b) Place where the product was acquired by victim Advokaterna Liman & Partners

  6. If Art 4-5 don´t apply • Art 6 gives claimant choice between • Law State of principal place of business of defendant or • Law State of place of injury Advokaterna Liman & Partners

  7. Application • Midair collision Uberlingen, July 1, 2002 • Court of First Instance Barcelona, Spain, May 2009 • Spanair JKK 5022, Madrid-Barajas, August 20, 2008 • Air France AF 447, June 1, 2009 Advokaterna Liman & Partners

  8. Advokaterna Liman & Partners

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