Albert J. Verheij

Winner Dissertation Prize 2002

Vergoeding van immateriële schade wegens aantasting in de persoon

Supervisor: Prof. mr C.C. van Dam
Nomination: Free University Amsterdam, Faculty of Law

Report by the selection committee

Mr Verheij in his dissertation provides us with an impressive contribution to the current discussion on how property law should deal with the protection of the person and with the compensation of immaterial damage. In his contribution to the discussion on the so-called ‘claim culture’ he poses the fundamental question in which cases should exist the right to damage payment. The careful investigation not only into Dutch law, but also into the German, British, French and American legal systems, makes this a dissertation of great importance for the development of Dutch law in this field and provides a substantial contribution to the discussion. The innovative aspect in the book is the introduction of the legal enforcement function. This function can explain judicial decisions that cannot or not sufficiently be explained by the currently often-adhered compensation function. It also turns the discussion into quite a new direction. At the same time the book stimulates a rethinking of the function of property law.