Category Archives: European Private Law

‘Consequences of Brexit for Private International Law and International Civil Procedure Law’

“What are the consequences of Brexit for Private International Law and International Civil Procedure Law? In the very first monograph in German concerning the legal ramifications of Brexit, Michael Sonnentag discusses these questions (Die Konsequenzen des Brexits für das Internationale Privat- und Zivilverfahrensrecht, Mohr Siebeck, 2017) …” (more) [Giesela Ruehl, Conflict of Laws .net, 16 […]

Rafael Ibarra Garza, ‘A prospective analysis of the proposed Belgian trust’

Abstract The Belgian Minister of Justice commissioned the reform of the Civil Code. An entirely new Book on the Belgian Law of Property was drafted. One of the most significant novelties proposed is the introduction of the fiducie (a civil law trust). It can be assumed that, if a jurisdiction introduces a new legal institution, […]

‘Towards a European Commercial Court?’

“The prospect of Brexit has led a number of countries on the European continent to take measures designed to make their civil justice systems more attractive for international litigants: In Germany, the so-called ‘Justice Initiative Frankfurt’, consisting of lawyers, judges, politicians and academics, has resulted in the creation of a special chamber for commercial matters […]

‘Double default: on default interest and default rules’

“Tuesday 7 August 2018, the last date on the judicial calendar of the CJEU before summer recess, was a busy day. Two of the cases on the dock in which the CJEU gave judgment concerned preliminary references from Spain: Joined Cases C-96/16 and C-94/97 (Escobedo Cortés), discussed earlier on this blog. The judgment relates to, […]

‘Robot Liability: How Does it Feel to be Hit by an ePerson?’

“The arrival of robots, autonomous software agents and so-called ‘Internet of Things’-devices challenges existing liability systems. While the operation of legacy products was mostly in the hands of users, autonomous cars and other algorithmic devices will be operated by algorithms that are identical across the whole fleet of products. The ‘behaviour’ of autonomously operated products […]

Stychin and Rieder, ‘Living With/Out Proximity: Comparing a Contested Concept in Tort’

Abstract The Article compares the concept of proximity in a common and civil law jurisdiction. Stychin, Carl F and Rieder, Clemens, Living With/Out Proximity: Comparing a Contested Concept in Tort (2016). Tulane European and Civil Law Forum [2016] 29 195-216 22.

Danny Busch, ‘The Principles of European Contract Law Before the Supreme Court of the Netherlands: On the Influence of the PECL in Dutch Legal Practice’

Abstract Most Dutch law faculties now devote some degree of attention to the Principles of European Contract Law in their teaching and research. The Principles are therefore receiving sufficient coverage in university circles. No doubt this is welcome news for their drafters. But what influence do the PECL actually have in Dutch legal practice? This […]

‘Agreement on PhD bonuses for emeritus professor supervising PhD students acceptable’

“A Dutch court considers an agreement between an emeritus professor and the former dean of the faculty board of the Tilburg School of Humanities to supervise PhD students, appropriately concluded and acceptable by standards of reasonableness and fairness. An emeritus professor and the former dean and director of the faculty board of the Tilburg School […]

Šustek and Holčapek, ‘Alternative Dispute Resolution in Medical Malpractice Disputes’

Abstract Alternative dispute resolution (ADR) is a category comprising various techniques which enable the parties to resolve their conflicts out of the highly formalized judicial proceedings. In many legal systems, ADR is an increasingly popular set of legal instruments to resolve disputes because of its cost-effectiveness and time-effectiveness, flexibility, confidentiality and respect for unique aspects […]

Tim Dornis, ‘Negotiorum Gestio and the Brussels Ibis Regulation’

Abstract Prima facie, the issue of jurisdiction over cases of negotiorum gestio seems straightforward: Claims that ensue from a person’s (intervenor’s) intervention in another’s (principal’s) affairs are civil matters and, as such, fall under the scope of the Brussels Ibis Regulation. Yet the question what kind of claim each side can bring forward, and what […]