Category Archives: European Private Law
Jan Wouters, ‘Private Law, Global Governance and the European Union’
Abstract: This contribution explores the interface between private law, global governance and the EU by focusing on the role that the EU plays, and should play, in relation to the use of forms of private law-based governance to make them suit public policy objectives at the European and global levels, on the one hand, and [...]
Gary Low, ‘A Psychology of Choice of Laws’
Abstract: There is certainly a lot of choice going around in the market for contract law. This is a good thing, since choice is key to self-determination and may help improve our laws. Yet there may be such a thing as choice overload, and the introduction of the Common European Sales law is a timely [...]
Chantal Mak, ‘The One and the Many: Translating Insights from Constitutional Pluralism to European Contract Law Theory’
Abstract: While freedom of contract has generally been recognised as a leading principle of European contract law, national contract laws as well as EU measures show remarkable differences with respect to the limits they impose on contractual freedom in light of the public interest or common good. Whereas some private legal scholars aspire to relate [...]
Vadim Mantrov, ‘A Victim of a Road Traffic Accident Not Fastened by the Seat Belt and the EU Motor Insurance Law: CJEU Judgment in Vítor Hugo Marques Almeida‘
Abstract: This case note relates to the recent judgement (23 October 2012) by the Court of Justice of the European Union in the case No C-300/10 concerning interrelation of the European Union motor insurance law and the national civil liability regulation. As the civil liability arising from motor traffic accidents is not approximated by the [...]
Büyüksagis and Van Boom, ‘Strict Liability in Contemporary European Codification: Torn between Objects, Activities, and Their Risks’
Abstract: Many national legislative frameworks in Europe limit the scope of strict liability to the specific sources of danger listed by statute. This in itself causes disparate treatment of seemingly similar dangers, since legislatively mandated instances cover some inherently dangerous situations but not others. Hence, European scholars call for the introduction of a “general clause” [...]
Conference: Common European Sales Law Meets Reality – Halle, 14-15 June 2013
“On 14 and 15 June 2013, the annual conference of the European Private Law Review (GPR) will take place in Halle (Saale), Germany. Renowned officials, politicians, judges, and academics from various EU Member States are going to discuss the Commission’s Proposal for a Common European Sales Law. Speakers include Diana Wallis, the former Vice President [...]
Hein Koetz, ‘Contract Law in Europe and the United States: Legal Unification in the Civil Law and the Common Law’
Abstract: Common law jurisdictions seem to accept internal legal diversity with a fair amount of equanimity. Although the United States, the United Kingdom and Canada are functioning single markets, they have no uniform contract or tort law nor do they seem to think that uniformity in these areas is meritorious or desirable as such. On [...]
Engel and Stark, ‘The CESL as a European Brand – Paypalizing European Contract Law’
Abstract: According to the Commission, the main political goal behind the Common European Sales Law (CESL) is advancing cross-border trade between EU member states, thereby helping to further establish and strengthen a common market within the EU. The CESL is chosen and even symbolized by an already legendary blue button that consumers have to push [...]
Danila Caruso, ‘The Baby and the Bath Water: The American Critique of European Contract Law’
Abstract: This paper aims to contribute to a larger research agenda concerning the possibility of meaningful transatlantic dialogue about private-law reform. Both the European Union and the United States regulate private actor autonomy extensively. In spite of contextual similarities, there are several barriers making dialogue among legal scholars difficult. In particular, the conversation about social [...]
Just Published: Leczykiewicz and Weatherill (eds), The Involvement of EU Law in Private Law Relationships
“The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in [...]
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