Article 13 - Liability of the Creditor

A. Introduction. – B. Articulation. – C. The substantive rules: legal basis and rationale. – D. Grounds and type of creditor’s liability. – E. The burden of proof: 1. The general rule and its exceptions; 2. Failure to initiate proceedings as to the substance of the claim; 3. Failure to request the release of over-preserved amounts; 4. Failure to comply with the obligations relating to parallel applications; 5. Failure to comply with the obligations in respect of service and translation. – F. The role of domestic rules on the creditor’s liability: 1. Liability issues left with the applicable national law; 2. Domestic rules aimed at reinforcing the protection of the debtor. – G. The special conflict-of-laws rules. – H. Jurisdiction.