"Mandatory Recourse" pursuant to art. 65 para. 3 of the Swiss Traffic Code

In this publication, a contribution in the festschrift dedicated to Prof. A. Schnyder, Hans-Ulrich Brunner comments on the revised Art. 65 Abs. 3 of the Swiss Traffic Code, which is at the interface between torts and insurance law and which provides for a duty of liability insurers to take recourse. Hans-Ulrich Brunner analyses the (misguided) legislative process that was at the origin of this article and deals with the consequences for the insurance practice.