Stefan Jahn: Impairment of third-party claims

A property that has already been sold is sold a second time by the owner before the purchaser is registered; the second purchaser is registered. Does the first buyer now finally lose out? These and similar constellations have been the subject of heated debate for centuries. In his lecture, Univ.-Ass. Mag. Stefan Jahn (University of Vienna) will give an overview of the historical and recent development of the state of opinion in Austria and outline his own point of view.

The lecture is scheduled for approx. 30 minutes, followed by a discussion.

The lecture will take place in the Seminar Room of ETL/ECTIL (Reichsratsstraße 17/2, 1010 Vienna). Participation is free of charge. If you would like to attend, please register via etl(at)oeaw.ac.at.

Kateřina Hájková: Causal Uncertainty in Medical Cases

The presentation concerns a well-known problem in medical law disputes, which stems from the difficulty of proving a causal link between a doctor's non lege artis treatment and a patient's injury. In some cases, causation is obvious and therefore easy to prove. Usually, however, the causal processes in the conditions of the human body are so complex, and human knowledge about them is so limited that, in retrospect, the causal links between the various processes, interventions or omissions cannot be clarified with certainty. Since the plaintiffs in these personal injury litigations are patients, and (in Czech law) there is no special rule of allocation of the burden of proof, it is up to the patient-plaintiff to prove causation, and the patient is often in danger of failing to meet the standard of proof regarding causation. The presentation focuses on substantive and procedural ways to deal with the problem of causal uncertainty covering the doctrine of loss of a chance, prima facie proof, the lowering of the standard of proof, and the reversal of the burden of proof as regards causation.

The lecture is scheduled for 30 minutes, with an opportunity for discussion afterwards.

The lecture will take place in the Seminar Room of ETL/ECTIL (Reichsratsstraße 17/2, 1010 Vienna). Participation is free of charge. If you would like to attend, please register via etl(at)oeaw.ac.at.