Research Nick Portugaels

Abstract

The Antwerp Law Lab aims to become a beacon for regulatory and operational innovation. It will serve as a one-stop shop for companies, authorities and civic organisations who need research-driven legal input to support every aspect of their project. The Antwerp Law Lab adds exceptional value for societal stakeholders by combining the pragmatic insights of legal practicians with the conceptual mindset of academics. The Antwerp Law Lab offering is academic and therefore complements that of legal service providers such as attorneys, consultants and notaries. It also differs from fundamental academic research by providing answers that are practice-oriented and ready to apply. Cross-faculty collaboration and sharing of different legal perspectives are essential to our problem-solving. We break down the barriers of a siloed approach to formulate resilient answers that have been considered from every angle.

Researcher(s)

• Promoter: Verheyen Wouter
• Fellow: Portugaels Nick

Research team(s)

• Business and Law

Project type(s)

• Research Project

Abstract

ADR - Parties can use several methods to settle a dispute: from conducting negotiations to going to court and obtaining a judgment. This research focuses on the technique of settling a dispute contractually, as a result and tailpiece of a process of alternative dispute resolution (ADR). The doctoral research is well defined and focuses on the legal consequences of the settlement agreement. LEGAL CERTAINTY VERSUS ACCESS TO COURT – All western legal systems recognize the possibility for conflicting parties to settle their dispute via a contract, fixing their mutual rights and obligations. In general, such agreements are subject to the general law on obligations, in the same manner as any other contract is. Herein lies a possible problem. When conflicting parties decide to settle their dispute by concluding a contract, they want to settle it for once and for all. They want the contract to give them stability. Moreover, they want to exclude the possibility of one of the parties or a judge intervening in the precarious balance that was created by the agreement. The general law on obligations, however, offers parties possibilities to undermine that contract afterwards, as a result of which the conflict is rekindled. The parties did not get the legal certainty they wanted. The questions arises whether a new approach is needed. On the other hand, it is a fundamental human right that all citizens have at all time access to a court. But where lies the balance, necessary for a legally certain solution to contractually end a dispute? The research will examine if and to what extent the principle of party autonomy allows parties to settle a dispute for once and for all and will assess both the limits set out by law and those by case law to examine if a settlement agreement has a real added value, and if not, if and how the legal framework should change. This subject fits in with the research lines on "contractualisation" and "liability and accountability" of the research group 'Personal Rights and Property Rights' of the University of Antwerp. In 2014, the 'Antwerp Liability and Insurance Chair' was established. This proposal also fits in the research of this chair.

Researcher(s)

• Promoter: Portugaels Nick

Research team(s)

• Personal Rights and Property Rights

Project type(s)

• Research Project