Neues Deliktsrecht für Unternehmen: Die Organisations- und Gefährdungshaftung im Vorschlag OR 2020

Swiss tort law reform was on the academic and political agenda until the Federal Council shelved it in 2009. Proposal CO 2020 tries to revive the debate. Two of its key provisions have particular meaning for companies: Art. 59 provides for a new type of organizational enterprise liability and Art. 60 contains a strict liability provision for “particularly dangerous activities”. The rationales for the new tort liabilities are rooted in classical legal thought. In contrast, this article assesses them from an economic point of view using the concepts of the economic analysis of law. It concludes that both have a potential to hurt the Swiss economy and therefore would need to be fundamentally reviewed and revised.