Category Archives: European Private Law

John Dowdell, ‘An American Right to Be Forgotten’

Introduction: … Part II of this note frames the issues it seeks to resolve, and then examines Europe’s cultural history regarding privacy — including legislation and case law – and explains the development of the right to be forgotten. Part III notes the spread of the right to be forgotten into the Western Hemisphere, and […]

‘Is there such a thing as “European Private Law”?’

“Is there such a thing as ‘European private law’? In my opinion there is not, just as there is no Dutch, French, English, or Chinese private law. Let me explain. Legal rules, including rules of private law, have many characteristics. They have a content, a scope, many of them were created by some agent, and […]

Francisco De Elizalde, ‘Should the Implied Term Concerning Quality Be Generalized? Present and Future of the Principle of Conformity in Europe’

Abstract: One of the main inroads to the so-called Classic Contract Law has been made by implied terms imposing a certain quality on the subject matter of contracts, an outcome that has been achieved by resorting to a variety of legal sources and tools. Modernization and harmonization of European Contract Law, to this respect, has […]

Candida Leone, ‘Of Private Law, Market Regulation and Telling Them Apart in the EU’

Abstract: This paper seeks to engage with the theme of the conference, Private Law and Regulation, and with the organizers’ research theme, ‘coherent private law’, at two main levels. On the one hand, it connects to the question of private law and market regulation by zooming in on one specific manifestation of private law- unfair […]

‘Empowering Consumers Through Global Redress Systems’

“Consumers continually make small-dollar purchases through business-to-consumer (‘B2C’) Internet contracts, often across borders and usually without incident. Occasionally, however, the goods and services that consumers purchase do not arrive or fulfill their expectations. When this happens, consumers often lack information about their rights and do not know where to turn for assistance regarding their purchase […]

Re- De- Co-dification? New Insights on the Codification of Private Law in Europe: Maastricht University, 12 May 2017

“The Roundtable will address recent developments and new perspectives on the codification of private law from a comparative law viewpoint. Scholars from six jurisdictions from Europe will share their insights on the main alterations and challenges that the codification phenomenon has experienced since the beginning of the twenty-first century …” (more) [Benedikt Schmitz, M-EPLI Blog, […]

‘European Perspectives on an Emergent Law of Robotics’

“As robots, machine learning, and intelligent automation shape ever more areas of our lives and jobs, many assume that, because machines have been around since centuries, laws applicable to robots will just require some well-adjusted analogies. But they would be wrong, and the need for a Law of Robotics is becoming increasingly more evident. Yet, […]

Carlos Gorriz, ‘Blurring the Distinction between Public and Private Law in Spain’

Abstract: The distinction between Public and Private Law has been and still is being used in Spain. Nonetheless, nowadays it should only be used as a departing point. The reality evidences that it is necessary to go further, and deepen in different branches of law, to fully apprehend the reality or rightly assess the complexity […]

Michael Wells, ‘Harmonizing European Tort Law and the Comparative Method’

A Review of BASIC QUESTIONS OF TORT LAW FROM A COMPARATIVE PERSPECTIVE (Helmut Koziol ed, Sramek 2015). This book is the second of two volumes on ‘Basic Questions of Tort Law’. In the first volume, Professor Helmut Koziol examined German, Austrian, and Swiss tort law. In this volume, Professor Koziol has assembled essays by distinguished […]

‘Two new books: European private law as a national discipline’

The international character of European private law is one of the reasons why I have always been attracted to this field. Like legal history and philosophy of law, European private law is an academic discipline practiced by academics from a wide range of different countries together making up a vibrant academic community. In law, this […]