Vastuumuotoerottelu ja rakennusurakka : Velvoiteoikeudellinen tutkimus sopimuksen ja deliktin väliselle rajapinnalle sijoittuvista vahingonkorvauskysymyksistä rakennusurakan vastuuasetelmien kontekstissa

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http://urn.fi/URN:ISBN:978-952-14-3444-0
Title: Vastuumuotoerottelu ja rakennusurakka : Velvoiteoikeudellinen tutkimus sopimuksen ja deliktin väliselle rajapinnalle sijoittuvista vahingonkorvauskysymyksistä rakennusurakan vastuuasetelmien kontekstissa
Author: Perätalo, Katja
Contributor: University of Helsinki, Faculty of Law
Doctoral Programme in Law
Publisher: Alma Talent Oy
Date: 2020-09-11
Language: fi
URI: http://urn.fi/URN:ISBN:978-952-14-3444-0
http://hdl.handle.net/10138/314715
Thesis level: Doctoral dissertation (monograph)
Abstract: As many other legal systems, the Finnish law of obligations builds on a separation of contract and tort liability. If the relationship of two parties does not fall into either of these categories, the presumption is that no liability applies: the tort liability act does not apply to contractual liability, and a contract may only be invoked by its parties. While the division of tort and contract liability in theory is quite simple, in practice the interface between tort and contract law also provides for more complex forms of liability. Relationships which are prone to attract these types of liabilities are typical in construction projects, as construction projects often consist of more than two parties that are not bound by the same contract, but that are still contractually connected to each other. The parties are thereby in a position of causing loss or damage to each other in connection with fulfilling their respective contractual obligations, claims relating to which would not fall into the definition of either contractual or tort liability. The dissertation covers these forms of liability in the context of construction projects, which in addition to contractual and tort liability also include joint and several liability and associated rights of regression. The dissertation finds that the Finnish law of obligations indeed recognizes liability beyond traditional contractual or tort liability. In the context of construction projects, this means that contractual liability can apply between parties that are not bound by the same contract, albeit the threshold for this type of liability is high and requires strong support in terms of practical reasoning beyond meeting certain formal criteria. Tort liability can also apply in connection with contractual performance, provided that a contractual breach simultaneously is in breach of non-contractual norms that have not been effectively altered between the relevant parties. Joint and several liability only requires simultaneous existence of liability of two or more parties towards a third party, and therefore, normatively, joint and several liability does not require explicit contract coverage to apply, provided that the liabilities of each of the parties remain within the limits of their respective obligations. Usually, but not categorically, joint and several liability leads to associated regression even without explicit underlying agreements supporting the same. It is noteworthy that in terms of industry practices, the scope of the dissertation clearly covers the exceptions and not the rules. The contractual structure of construction projects tends to drive the basis of claims towards traditional contractual liability even when other types of recourse would be available. This is further emphasized by the fact that the industry widely favours arbitration as a dispute resolution mechanism. These implications are, however, practical and not normative, and thereby only reflect the visibility of these types of relations in practice, not their normative existence.Tiivistelmä lähetetään erikseen
Subject: oikeustiede
Rights: This publication is copyrighted. You may download, display and print it for Your own personal use. Commercial use is prohibited.


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