Britt Weyts full professor

Research Britt Weyts

Research team

Environmental Health Hazards & Care 01/01/2023 - 30/09/2026

Abstract

This research focuses on the health effects of PFAS and associated costs, such as medical costs, loss of labour productivity and loss of quality of life. The relevant costs are mapped and the ways in which extra-contractual liability law allows to compensate such costs are examined. Taking into account the obstacles the application of liability law may entail in this context, the study also examines how compensation funds can compensate claimants in an alternative way. In the light of all these findings, ideas are formulated on how to organise the compensation of health damage caused by PFAS in Flanders.This research is part of an inter-university project in which epidemiologists, health economists and legal experts together examine how to tackle PFAS exposure in Flanders.

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  • Research Project

Inheritance disputes between full or half siblings: Towards an equity correction in intestate inheritance law? 01/10/2022 - 30/09/2026

Abstract

Belgian intestate inheritance law aims for mathematical equality between all children of the deceased. However, an equal division is not always perceived as equitable, leading to various inheritance conflicts. Consider, for example, two children who receive an equal share of the inheritance, while one child was the only one to take care of the parent for many years, protecting the value of the inheritance from the costs of at-home care. The proposed research first seeks to uncover the different types of inheritance disputes, and to examine how case law currently deals with them. It then proposes to draw inspiration from the law of obligations and contract law, as well as from foreign legal systems (France, the Netherlands and England). In this way, it will be possible to finally explore the role an equity correction mechanism could play in Belgian inheritance law.

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  • Research Project

Moral damage: a research on its existence, types and remedies. 01/11/2022 - 31/10/2023

Abstract

Tort law provides for a right to a remedy in case of a victim suffering damage that was caused by an event triggering liability (such as a fault). The doctrine describing what damage is recoverable is primarily written from the point of view of material damage, which is damage that consists of an impairment of property and can therefore be expressed in monetary terms. Its counterpart, moral damage, is damage that can not be expressed in monetary terms and involves an impairment of feelings. It is not entirely clear how traditional theoretical principles apply to such moral damage. There is a lack of clarity about which kinds of losses do or do not qualify as moral damage and, above all, what an appropriate form of remedy looks like. Moral damage is a source of legal uncertainty. Empirical research involving Belgian victims has shown that this legal uncertainty places a heavy burden on the shoulders of victims. These persons are already confronted with an emotional suffering and would rather not face additional legal burden and be revictimised in negotiation processes with insurers. Therefore, this research aims to clearly define the boundaries of the existence of moral damage and investigate how a remedy should be shaped. How should compensation be determined and is money an appropriate remedy?

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  • Research Project

Compensation funds: their nature, function and legality. 01/10/2019 - 30/09/2021

Abstract

Compensation funds provide compensation to victim of accidents regardless of whether their damage is the result of anyone else's fault. They are created because of perceived gaps of cover in or shortfalls in the compensation offered by the three other, traditional sources of compensation, i.e. tort law, private insurance and social security. It is hard not to see the many advantages of compensation funds: they offer compensation to victims who do not bear a heavy burden of proof, in an easy, fast and more administrative way and are nog obliged to go to court. Compensation funds seem to be a kind of deus ex machina, as the number of compensation funds is growing rapidly in Belgium. In view of their success, it is surprising till now compensation funds have not been the subject of any overall, critical analysis. This research project will investigate the accordance of compensation funds in the light of human rights, i.e. the right of access to court (given that some funds restrict this access) and of non-discrimination (given the difference in treatment between victims that can rely on a fund and those who can't). Moreover, it will be investigated whether compensation funds fulfill their objectives, i.e. reasonable compensation, easy access, coherent and transparent. Last but not least the project will analyze who should pay these funds: the government or the private sector.

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  • Research Project

Definition and relevance of predisposition and pre-existing conditions in Tort law and Insurance law. 01/10/2018 - 30/09/2022

Abstract

Predisposition and pre-existing conditions are one of the most controversial and difficult topics in law, especially Liability Law and Insurance Law. The (pathological) predisposition is a characteristic, mostly unknown, which does not affect ordinary life, but which favors the occurrence of damage when an accident happens. An example is when a person has a very rare allergy to a substance, and due to a car accident he is hospitalized and injected with that substance resulting in his death. The pre-existing condition is an abnormal physical or psychological condition of the victim which is already known or at least exists at the time of the accident. Examples are: anatomical elements (only one eye, or one leg), pathological physical elements (a heart defect) or psychological elements (schizophrenic episodes, post-traumatic stress disorder, depression). The most famous example is the eggshell skull-case in which a person with an eggshell skull or very thin skull suffers dead from an injury that would normally cause only a bump on a normal person. The negligence of a third person can aggravate this pre-existing condition. A one-eyed person loses his second eye due to an accident. An accident can also hasten the evolution of the pre-existing condition. A terminally ill patient who dies due to a car accident is an example of this hypothesis. In all the above mentioned cases the crucial question is whether the victim will be compensated in full or only for the foreseeable damage or for the damage caused separately. In other words, must the tortfeasor pay for the car accident or for the death of the victim? For one eye, or for the blindness? For the dead due to a car accident or only for the time he had to live? In tort law the basic rule is the right of full compensation. This cornerstone of tort law is seen as just and fair and according to the goals of tort law. The rule of full compensation comes under pressure when the damage is unforeseeable or the extent of the damage is unforeseeable due to a predisposition or pre-existing condition of the victim. Hence, an important research question is: are the issues of predisposition and pre-existing conditions in line with the principle of full compensation? Predisposition and pre-existing conditions also play an important role in insurance law. In order to make a proper assessment of the insured risk, the life or physical integrity of the person, insurance companies want information about the health condition of the prospective insured person. For this purpose insurance companies use medical questionnaires or impose medical examinations to look for pre-existing conditions. Questions about pre-existing conditions could violate some fundamental rights, like the right of privacy, and the right on non-discrimination. These questions are one of the key points of this project. Furthermore, the question arises whether the insurance company can determine the definition of a pre-existing condition and can also refuse coverage when no information about a pre-existing condition has been provided. Insurance companies use several clauses to exclude pre-existing conditions, which seems possible, regarding the principle of freedom of contract. First, they limit coverage of the pre-existing condition for a specified period (e.g. waiting period for 1 year). Second, insurance companies may raise an insured's premium due to the existence of a pre-existing condition (asthma e.g.). Finally, and more importantly, insurance companies often use pre-existing condition clauses to deny insurance altogether or to deny coverage of the specific condition for the lifetime of the applicant. The insurance practice must also be assessed in the light of fundamental rights and the contractual balance between parties.

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  • Research Project

Compensation funds: their nature, function and legality. 01/01/2018 - 31/12/2021

Abstract

The Belgian legislator is creating a rapidly growing number of compensation funds. Such funds provide full or partly compensation to victims of accidents, regardless whether or not their damage is imputable to someone else's fault. They are founded because of perceived gaps of coverage, or shortfalls in compensation, offered by the three other traditional sources of compensation, i.e. tort law, private insurance and social security. It is hard not to see the many advantages of compensation funds; a.o. they offer compensation without heavy burdens of proof to victims in an easy, fast and more administrative way, out of court. Compensation funds however seem to be a kind of deus ex machina. In view of their success, they surprisingly have not been the subject of any overall, critical analysis. Hence, this research project sets out to determine and assess their nature, function and legality, with a view of developing consistent touchstones for the organisation of current and future funds. More precisely, the project will investigate the accordance of compensation funds in the light of human rights, i.e. the right of access to justice and of non-discrimination(legality). Moreover, it will be investigated whether compensation funds fulfil their objectives, i.e. reasonable compensation, easy access, coherence and transparency (function). Last but not least the project will analyze who should endow these funds: the government or the private sector (private or public nature).

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  • Research Project

Compensation funds: their nature, function and legality 01/10/2017 - 30/09/2019

Abstract

Compensation funds provide compensation to victim of accidents regardless of whether their damage is the result of anyone else's fault. They are created because of perceived gaps of cover in or shortfalls in the compensation offered by the three other, traditional sources of compensation, i.e. tort law, private insurance and social security. It is hard not to see the many advantages of compensation funds: they offer compensation to victims who do not bear a heavy burden of proof, in an easy, fast and more administrative way and are nog obliged to go to court. Compensation funds seem to be a kind of deus ex machina, as the number of compensation funds is growing rapidly in Belgium. In view of their success, it is surprising till now compensation funds have not been the subject of any overall, critical analysis. This research project will investigate the accordance of compensation funds in the light of human rights, i.e. the right of access to court (given that some funds restrict this access) and of non-discrimination (given the difference in treatment between victims that can rely on a fund and those who can't). Moreover, it will be investigated whether compensation funds fulfill their objectives, i.e. reasonable compensation, easy access, coherent and transparent. Last but not least the project will analyze who should pay these funds: the government or the private sector.

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  • Research Project

Financial supervision in the insurance industry. 01/10/2017 - 31/12/2018

Abstract

This project examines how the implementation of the Solvency II directive in the act of March 13, 2016 and the expanding of the MiFID market conduct rules to the insurance industry can comply with the principle of proportionality as a general legal principle. From this perspective, the research analyzes both prudential supervision and market conduct supervision on the insurance industry. The goal is to define recommendations for the legislator, on the one hand, and for the National Bank of Belgium and the FSMA, on the other hand.

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  • Research Project

Antwerp Liability Law and Insurance Chair (ALLIC). 01/01/2014 - 31/12/2023

Abstract

This project represents a formal research agreement between UA and on the other hand the client. UA provides the client research results mentioned in the title of the project under the conditions as stipulated in this contract.

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  • Education Project
  • Research Project

Liability Insurance: between protection and prevention. 01/10/2013 - 30/09/2017

Abstract

Liability insurance is profoundly imbedded in today's society, as evidenced by the broad use of compulsory (e.g. driver insurance) and optional contracts (e.g. family liability insurance). In this respect, insurance plays a key role in protecting the insured against the risks of liabilities imposed. At the same time, tort law is becoming more important as victims feel more entitled to receive compensation. As negligence still forms the base of tort law, strict liabilities increase, often with a link to liability insurance. Nevertheless, it is documented that insurance might induce moral hazard. Acting carefully becomes less important, if the financial consequences of liability can be shifted to the insurer. Hence, insurance companies need instruments to prevent this behaviour. To reconcile these two objectives, a balanced legislative approach is needed: too much focus on protection might give too much leeway to moral hazard offenders leading to adverse selection or inadequate premiums, while too much focus on prevention might, for instance, cause unwarranted exclusions of insurance applicants. Although the subject of insurance protection and moral hazard prevention has been studied separately in the existing law literature, no study has investigated whether there is a balance between both elements in Belgian insurance law. This project examines the prevalence of the 'protective' and 'preventive' motive in the Belgian insurance law. In view of the social importance of the research subject and the fact that moral hazard essentially deals with behaviour, the subject will not only be studied from an insurance law viewpoint, but also from an empirical viewpoint (psychology and the law and sociology and the law). More specifically, the project focuses on the examination of the legal framework of liability insurance and on the question if adequate protection is (still) offered to the insured. Given the fact that moral hazard is based on the assumption that insured have knowledge of the policy terms, it needs to be investigated whether this is true. The theory of legal consciousness will be used as a legal framework. The legal and empirical viewpoint will enrich the scientific study on insurance law and will give useful insights on the question how insurance regulation can be adapted to the legal consciousness. This project will also benefit the evidence-based knowledge of legal consciousness in the field of sociology and the law and psychology and the law.

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  • Research Project

Group life insurance: new challenges for the legislator? 01/01/2012 - 31/12/2012

Abstract

Group life insurance play a growing role in the second pension pillar, giving that they mostly foresee an additional income after retirement. The legislator has chosen to regulate group life insurance in the Wet Landverzekeringsovereenkomst (the Act on Insurance Law). Recent developments/regulations/judgments in other areas of the law have set this perspective under pressure. The goal of this project is to map the existing problems and to formulate concrete suggestions to the legislator on the base of scientific research.

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  • Research Project