Category Archives: European Private Law

‘Judicial activism in a changing European legal order’ – Workshop ‘Judges in Utopia’, Amsterdam 28-29 September 2017

Theory and practice suggest that the European judiciary increasingly takes on a more active role when deciding on cases in which different norms conflict. The courts are increasingly called upon to balance different values and to reconcile conflicting interests, such as balancing public interests in private relationships, as in Urgenda (2015) and CJEU Aziz (2013). […]

Jorge Castiñeira Jerez, ‘The Unexpected Change of Circumstances Under American and Spanish Contract Law: Different Concepts, Different Methodology, Similar Outcomes’

Abstract Several recent decisions by el Tribunal Supremo (Spanish Supreme Court) have expressed the need to reconsider the contractual problems that may arise following an unexpected change of circumstances. However, these court decisions have not helped achieve normalization since they apply foreign legislative concepts and disregard the basic principles of Spanish contract law. With the […]

‘After Brexit, is France Ready to Change its Approach to Law and Finance?’

“France has embarked on a major competition to benefit from Brexit and the weakening of London’s financial center. President Emmanuel Macron, as well as Prime Minister Edouard Philippe and Economy Minister Bruno Le Maire, have boasted, in turn, of the advantages of France and its infrastructure (its education system, health, and transportation). However, the importance […]

Dyevre, Wijtvliet and Lampach, ‘The Future of European Legal Scholarship: Empirical Jurisprudence’

Abstract To avert the twin threats of isolation and marginalization, we argue that European legal research should focus on questions that are important to lawyers and legal reformers and fully embrace the methodology of the social sciences. We identify two research programmes that, we believe, should be of fundamental interest to members of the legal […]

Solène Rowan, ‘The New French Law of Contract’

Abstract The article analyses the recent reform of contract law in France. The section of the Civil Code on the law of contract was amended and restructured in its entirety last year. The revised section came into force on 1 October 2016. The article considers its main innovations and compares them with the corresponding principles […]

Just published: The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms (Cartwright and Whittaker, eds)

The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. […]

‘Dutch collective redress dangerous? A call for a more nuanced approach’

“The Netherlands has become dangerously involved in the treatment of mass claims, Lisa Rickard from the US Chamber of Commerce recently said to the Dutch financial daily (Het Financieele Dagblad, 28 September 2017) and the Dutch BNR newsradio (broadcast of 28 September 2017). This statement follows the conclusions of two reports published in March and […]

‘A Bank’s Duty of Care and the Anglo-American/European Divide’

“This summer, Hart Publishing published the book A Bank’s Duty of Care I edited with my colleague Professor Danny Busch from the Radboud University in Nijmegen. In recent years, an increasing number of customers and investors have filed claims against banks, such as for mis-selling financial products, poor financial advice, and insufficient disclosure of and […]

‘Compensation for breach of the proposed ePrivacy Regulation’

“Parallel to my interest in compensation for breach of the General Data Protection Regulation [GDPR; Regulation (EU) 2016/679], I am also interested in the question of compensation for breach of the proposed ePrivacy Regulation (hereafter: pePR; see, eg, the EU Commission’s proposal for a Regulation on Privacy and Electronic Communications). Article 22 of the Commission’s […]

Enrico Baffi, ‘Consumer Protections Against Unconscionable Clauses: American Doctrines, Italian Law’

Abstract Conventional wisdom holds that with the laws protecting consumers against harsh provisions in their contractual relationships with professionals, the European Legislator intended to level the playing field between parties to a contract. This article intends to show that the European Legislator’s intent was actually to resolve the problem of an inefficient ‘race to the […]