Category Archives: Conflict of Laws

‘Save the date and register now for the 2nd Conference on European Private International Law taking place in Aarhus in 2020!’

“Since the entry into force of the Treaty of Amsterdam in 1999, the European Union has adopted an impressive number of regulations in the field of Private International Law. As a result, Private International Law has gradually become a truly European discipline. However, a truly pan-European forum to discuss issues of European Private International Law […]

John Coyle, ‘A Short History of the Choice-of-Law Clause’

ABSTRACT In the field of conflict of laws, private actors are generally granted the power to choose the law to govern their contracts. This is the doctrine of party autonomy. In recent years, this doctrine has been the subject of several excellent histories that draw upon judicial opinions, scholarly writings, and legislative enactments to chronicle […]

‘Conference on the Application of the Succession Regulation in the EU Member States in Katowice’

“On 12 September 2019, the University of Silesia in Katowice (Poland) will host an international conference on the Regulation (EU) No 650/2012 of the European Parliament and of the Council – the Succession Regulation and on the various issues relating to the succession matters within the European area of freedom, security and justice …” (more) […]

‘CJEU confirms that an actio pauliana is a matter relating to a contract: Case C-722/17 Reitbauer et al v Casamassima

“Earlier this week, the Court of Justice of the European Union found that an actio pauliana is subject to jurisdiction in matters relating to a contract, contained in Article 7(1) Brussels Ia (Case C-722/17 Reitbauer). In general terms, the actio pauliana is a remedy that allows a creditor to have an act declared ineffective, because […]

‘A Resurrection of Shevill? – AG Szpunar’s Opinion in Glawischnig-Piesczek v Facebook Ireland (C-18/18)’

“Since the EP-proposal from 2012, the European Union has not shown any efforts to fill the gap still existing in the Rome II Regulation regarding violations of personality rights (Article 1(2)(g)). However, Advocate General Szpunar has just offered some thoughts on the issue in his opinion on the case of Eva Glawischnig-Piesczek v Facebook Ireland […]

‘Jurisdiction, the GDPR and Brussels I’

“How is jurisdiction determined in a claim for breach of the GDPR? We know the rule in Article 79(2) GPDR. But how does that interplay with the ordinary private international law rules of jurisdiction, set out in Brussels I Recast Regulation: Regulation (EU) 1215/2012? What about where the controller seeks to rely on a jurisdiction […]

‘Out now: German Journal of Chinese Law volume 26 no 1 (2019) – Comparative Views on Freedom of Contract’

“In July 2018, Professors Claudia Schubert (then University of Bochum, now Hamburg), Yuanshi Bu and Jan von Hein (both University of Freiburg) organised a comparative, Chinese-German symposium on the recent codification of the general principles of Chinese private law and their implications for freedom of contract (including choice of law) in Freiburg. The contributions to […]

Gary Simson, ‘An Essay on Illusion and Reality in the Conflict of Laws’

ABSTRACT … Traditionally, courts throughout the United States adhered to a choice-of-law approach featuring a variety of territorial rules, such as in tort cases apply the law of the place of wrong. Spurred by scholarly criticisms of the traditional rules and the publication of proposed alternatives, many state supreme courts since the early 1960s have […]

Matthias Lehmann, ‘Who Owns Bitcoin? Private Law Facing the Blockchain’

ABSTRACT … The issue of this paper therefore is: How can blockchain be squared with traditional categories of private law, including private international law? The proposal made herein avoids the recourse to a newly fashioned ‘lex digitalis’ or ‘lex cryptographica’. Rather, it is suggested that the problems can be solved by using existing national laws, […]

Giorgio Risso, ‘Product liability and protection of EU consumers: is it time for a serious reassessment?’

ABSTRACT The European Union (EU) has not enacted a coherent and fully-fledged product liability regime. At the substantive level, the Product Liability Directive – adopted in 1985 – is the only piece of legislation harmonising the laws of the Member States. At the private international law level, the special choice-of-laws provision in the Rome II […]