Prescription. A private-law concept at the forefront of fundamental rights protection
- Editor(s):
- Breedveld-de Voogd, C.G.; Castermans, A.G.; Knigge, M.W.; Linden, T. van der; Oever, H.A. ten
Abstract
Against the background of the relationship between the ECHR, national constitutional law and national private law, this contribution examines the influence of the right to access to a court under Article 6 ECHR on the core concept of prescription, with a focus on the prescription of ‘long-tail’ claims. Has private law been able to fashion appropriate remedies, or has a solution only been reached after this problem was swept up by the Convention?
