Category Archives: European Private Law

Laskowska-Litak and Mania, ‘Copyright as a Service: How Does the Development of the Music Business Determine the Shape of Copyright?’

ABSTRACT The process and the development of new technologies have brought about several changes in the domestic (international and European) copyright legal system. Copyright itself from the beginning was a reflection of the possible ways of works exploitation. However, with the impetus of new business models it is starting to not answer to the more […]

Pietro Sirena, ‘The Rules about Restitution in the Proposal on a Common European Sales Law’

ABSTRACT Under the point of view of restitution law, the proposal on a Common European Sales Law, Part VII, draws a parallel between terminated and avoided contracts, which is much more convincing that the binary model followed by the Draft Common Frame of Reference (DCFR). It is, however, necessary to make this set of rules […]

‘Data Extra Commercium’

ABSTRACT Commerce in some data is, and should be, limited by the law (data extra commercium) because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of personal data as […]

Julian Bailey, ‘Comparing “good faith” in civil and common law systems’

ABSTRACT Issues of ‘good faith’ in the performance of construction and engineering contracts are common. Moreover, ‘good faith’ issues arise in most jurisdictions of the world, including common law and civil law jurisdictions. This paper considers the approach taken by English common law to the legal concept of ‘good faith’. € (Westlaw) Julian Bailey, ‘Comparing […]

Conference honouring Helmut Koziol, Ulrich Magnus and Pierre Widmer: Amsterdam, 7 November 2019

On the 7th of November 2019 the Dutch Association for Liability Law and the Law of Remedies will devote a conference to honour the major contributions of three giants in the realm of liability law: Professor Helmut Koziol, Professor Ulrich Magnus and Professor Pierre Widmer. Three distinguished experts – Professor Ernst Karner, University of Vienna […]

‘The Territorial Scope of EU-Privacy Law; Two Opinions from AG Szpunar’

“On the 10th of January 2019, AG-Szpunar concluded in Google v CNIL that a removal request based on the Google Spain v Costeja judgement should not have a worldwide effect. However, on the 4th of June, the same AG concluded that an EU national court can, in fact, order an internet service provider to remove […]

Erickson and Kretschmer, ‘Empirical Approaches to Intermediary Liability’

ABSTRACT Legal theory has failed to offer a convincing framework for the analysis of the responsibilities of online intermediaries. The debate is characterised by a wide range of contested issues. This paper considers what empirical evidence may contribute to these debates. What do we need to know in order to frame the liability of intermediaries […]

Special Issue of European Review of Contract Law on the ALI Restatement on Consumer Contract Law from a European Perspective

The American Law Institute’s Restatement of Consumer Contracts: Reporters’ Introduction (Oren Bar-Gill, Omri Ben-Shahar and Florencia Marotta-Wurgler) Incorporation of Standard Contract Terms on Websites (Hans Schulte-Nölke) Business First. A Comment on the Adoption of Standard Terms under the American Restatement of the Law Consumer Contracts from a European Union Perspective (Jacobien Rutgers) A Modern Standard […]

Pietro Sirena, ‘The New Design of the French Law of Contract and Obligations: An Italian View’

ABSTRACT The reform passed in 2016 has deeply affected the structure of Book III of the Code Napoléon and re-founded the whole law of contract and obligations within the French legal system. The article seeks to give an account of the major changes occurred in basic concepts and terminology and to compare them to other […]

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 […]