Dr. Juana Vasella
Alfried Krupp Junior Fellow
(April 2019 - September 2019)
Born 1977 in Germany
Law studies at various universities in Germany and Spain, doctorate at the University of Zurich
Senior research assistant, habilittion candidate and co-director of the Competence Center for Transport and Logistics Law at the University of Lucerne
Fellow project: „Standardized Due Diligence in Civil Law: On the Universalisation of Responsibilities in the Light of Individual Liability“
In legal practice and jurisprudence there are signs of progressive standardisation. It is particularly evident in the standards of due diligence, which are increasing in frequency, content and scope. There is a trend towards the establishment of standardised procedures in order to ensure the legally compliant fulfilment of individual due diligence requirements. Objectivised rules of conduct found in industry or profession-specific recommendations and company-internal guidelines are increasingly developing into a standard form that is independent of individual cases. Conversely, complying to these guidelines should result in the appropriate application of due diligence. The inner conscientiousness is universalised by general standards and ultimately reduced to external quality features as opposed to the statutory liability concept. The personal qualities of the actor, his own knowledge, experience and insights, become of secondary importance. The project examines the extent to which this legal development contradicts the legal-dogmatic principle according to which an objectively diligent behaviour (objective fact) does not necessarily imply the individual's inner motivation (subjective fact).