Category Archives: European Private Law
Kanan Naghiyev, ‘ChatGPT From a Data Protection Perspective’
ABSTRACT This paper explores the complex legal issues related to the use of ChatGPT, a cutting-edge language model developed by OpenAI. The main legal concerns are related to data privacy, intellectual property rights, and the possible misuse of generated content. It emphasises the significance of these concerns in the present digital era, where data is […]
Meera Sossamon, ‘Split the Difference: A Civilian Thesis for Punitive Damages’
ABSTRACT ‘Large punitive damages awards get attention’: an observation that remains as true today as it was twenty years ago, particularly in the United States. The cases excerpted in the chart below are just a few of the headline-grabbing punitive damages verdicts within the past five years. As the figures show, punitive damages can total […]
Buckley, Caulfield and Becker, ‘How Might the GDPR Evolve? A Question of Politics, Pace and Punishment’
ABSTRACT The digital age has made personal data more valuable and less private. This paper explores the future of the European Union’s General Data Protection Regulation (GDPR) by imagining a range of challenging scenarios and how it might handle them. We analyze United States’, Chinese and European approaches (self-regulation, state control, arms-length regulators) and identify […]
Meera Sossamon, ‘Private Policy: The Role of Private Remedies in Protecting Public Interest in Civil Law Jurisdictions’
ABSTRACT For civil law jurisdictions – those that base their tradition on Roman law – the distinction between private law and public law is a foundational principle. Meanwhile, those legal systems based on the Anglo-American common law tradition are not so anathema to the mixing of public and private remedies – see, eg, the proliferation […]
Mihai Coca-Constantinescu, ‘Understanding the Need for Regulatory Intervention: The EU Data-Driven Market’
ABSTRACT The issue explored in this thesis revolves around regulatory intervention in the EU data-driven market. Legislation adopted by the European Union has proved to positively impact the legal order of each Member State. This paper will peruse the mechanics behind the importance of the so far existent regulation governing the EU data-driven market. The […]
Elias Van Gool, ‘Overview of German Product Liability Law’
ABSTRACT This is an unpublished excerpt from my doctoral dissertation, which has been entirely omitted in the final, published version due to reasons of scope. It might be of interest to comparative legal researchers and non-German-speaking lawyers, since it is more comprehensive and recent than other English texts on German product liability law sensu lato. […]
Sebastian Omlor, ‘Unfair Contractual Terms under the EU Data Act’
ABSTRACT In January 2024, the EU Data Act (DA) came into force, which is a central building block of the EU Strategy for data. It contains special rules on control of unjust contractual terms. This article examines these provisions of the DA, explains their systematic relationship to other EU secondary law, in particular the Unfair […]
A Symposium on Martijn Hesselink’s ‘Reconstituting the Code of Capital’: European Law Open (June 2022)
Reconstituting the Code of Capital: could a progressive European code of private law help us reduce inequality and regain democratic control? (Martijn W Hesselink) Legal coding beyond capital? (Katharina Pistor) Select Coding for the 99 per cent? Principles and the preconditions of capital minting (Candida Leone) Progress towards what? On the need for an intersectional […]
Chalaczkiewicz-Ladna, Sojka and Jerzmanowski, ‘To Whom Polish Directors Owe Their Duties – Between Shareholder Primacy and Political Agenda’
ABSTRACT Poland is traditionally portrayed as a shareholder primacy jurisdiction – the legislation is silent on this, but it is confirmed by the Polish legal academia and the case law. Interestingly, the focus on shareholder value in Poland is not ‘transplanted’ from the common law jurisdictions, but it is rather derived from the liberal model […]
Riccard Fornasari, ‘The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law’
ABSTRACT This article analyzes the impact of climate change litigation on the form of private law, contributing to our understanding of the transformative potential and limits of private law. I argue that climate change litigation breaks the homology between the commodity form and the legal form, to surprisingly antisystemic effect. Developing this argument, I make […]