German Supreme Court cites paper by Franco Ferrari in conflict of laws ruling
The Supreme Court of Germany cited a paper by Professor in a decision determining which country’s law should apply in a medical malpractice case brought by a German patient against a Swiss doctor. Ferrari, who is the director of the Law School's Center for Transnational Litigation and Commercial Law, is an expert on European conflict of laws. In its , which was only recently made public, the German court relied on a paper by Ferrari asserting that, for the purpose of identifying the law applicable to a doctor-patient relationship, one should look at the law of the country in which the doctor practiced – in this case, Switzerland. The reason, Ferrari said, is that it is the doctor’s performance that is at issue in the doctor-patient relationship and, thus, the doctor is the party whose law is most closely connected to that kind of contractual relationship.
Posted December 8, 2011