Category Archives: European Private Law

‘Save the date: IC2BE final Conference 21 and 22 November 2019, Antwerp’

“The final conference for the EU-funded IC2BE project will take place in Antwerp on 21 and 22 November 2019. This project is the follow-up of the EUPILLAR project, which was concluded in 2016. IC2BE investigates in eight Member States the application of the European Private International Law Instruments of the second generation, ie the unified […]

Lecturer in French Private Law, Essex Law School

The successful candidate will be expected to teach the French Private Law module, namely the Law of Obligations, in the French language, on our double degree, as well as to engage effectively in substantive teaching and learning support roles in the Department, and develop a broad understanding of how such activities contribute to high-quality student […]

Tara Van Ho and Carolijn Terwindt, ‘Assessing the Duty of Care for Social Auditors’

ABSTRACT This article analyses the appropriate duty of care under English tort law for social auditors towards third parties at risk of suffering damages from their negligence. After explaining the work of social auditors, the article considers whether the duty of care established for financial auditors is an appropriate one for social auditors. It concludes […]

Amanda Cheng, ‘Forget About the Right to be Forgotten: How About a Right to be Different?’

ABSTRACT Every day, people conduct Google searches. More often than people would admit, these searches are for specific individuals. As users, we wish to uncover as much information as possible about the people we search. But as data subjects, we wish to retain our privacy and keep our past in the past. Concerns about data […]

Bilyana Petkova, ‘Privacy as Europe’s First Amendment’

ABSTRACT The protection of universal principles varies across jurisdictions: the prominence of free speech in the United States is undisputed. My argument is that the First Amendment took off only during the New Deal and later, the Civil Rights revolution as an identity‐formation and unifying tool in a deeply divided society. The symbolic significance of […]

Anne-Lise Sibony, ‘European Unfairness and American Unconscionability: A Letter from A European Lawyer to American Friends’

ABSTRACT The Unfair Contract Terms Directive (UCTD) and the Common Law doctrine of unconscionability in the United States both pursue the same aim: they seek to protect consumers against abuse of power by traders who are in a position to exploit the asymmetry of the contracting process. However, both sets of rules rest on different […]

‘Brexit likely to “tear” Ireland from common law system – judge’

“Brexit is likely to ‘tear’ Ireland away from the influence of the common law system and ‘perhaps even rupture’ centuries-long ties between the Irish and English legal systems, a leading Irish judge has said. Gerard Hogan, who was appointed advocate general of the Court of Justice of the EU last year, warned that there would […]

Hornuf and Klöhn, ‘Do judges hate speculators?’

ABSTRACT Historically, people have often expressed negative feelings toward speculators, a sentiment that might have even been reinforced since the latest financial crisis, during which taxpayer money was warranted or spent to bail out reckless investors. In this paper, we conjecture that judges may also have anti-speculator sentiment, which might affect their professional decision making. […]

Boerding, Culik, Doepke, Hoeren and Juelicher, ‘Data Ownership – A Property Rights Approach from a European Perspective’

ABSTRACT Data has become one of the most important resources in postmodern information society. However, European civil law does not reflect this development adequately. In fact, so far, European civil law seems to struggle with handling data as a legal entity. Against this background, the article provides a transnational overview and a comprehensive analysis of […]

Karmen Lutman, ‘Change of Position as a Defence in Unjust(ified) Enrichment: Slovenian Law in a Comparative Perspective’

ABSTRACT If one person is enriched at the expense of another and there is no legal ground for retaining this enrichment, the law imposes an obligation of restitution upon the unjustly enriched recipient, which is subject to various defences. One of them is the defence that the defendant is no longer enriched (change of position). […]