Category Archives: European Private Law

Daniela Caruso, ‘The Transformation of Europe in US Legal Academia and Its Legacy in the Field of Private Law’

Abstract The rise of EU law in US legal scholarship – from international lawyers’ pet project to new fuel for comparative constitutional scholarship, and then on to self-contained subject matter with an independent raison d’être – is closely tied to the professional itinerary of Joseph Weiler. Under the auspices of Eric Stein and Peter Hay, […]

Vanberg and Maunick, ‘Data protection in the UK post-Brexit: the only certainty is uncertainty’

Abstract The EU General Data Protection Regulation was published in the Official Journal of the European Union on May 4 2016 and it will be binding on all member states including the UK, from 25 May 2018. This paper critically examines the implications of Britain’s exit from the EU on data protection law in the […]

Call for abstracts on the challenges for EU cross-border litigation

The Max Planck Institute Luxembourg invites young researchers to actively participate in a colloquium on the ‘Current Challenges for EU Cross-Border Litigation in a Changing Procedural Environment’. The colloquium will precede a larger conference hosted together with the Court of Justice of the European Union on the occasion of the 50th anniversary of the Brussels […]

Just Published: Grundmann and Riesenhuber (eds), Private Law Development in Context

“While common law is developed by the courts and judges and may well be the prime authorities for the development of law, and while French private law is said to be the origin of the idea of modern codification and grand legislatures, German private law can well be seen as the law where the influence […]

Aditi Bagchi, ‘The political morality of convergence in contract’

Abstract One of the most interesting recent developments in contract law has been an academic and political effort to integrate private law. The proposed Common European Sales Law was ultimately withdrawn, and a series of setbacks, including the British referendum to exit the EU, has recast the politics of convergence. But it remains an objective […]

Stéphane Sérafin, ‘Transfer by Contract in Kant, Hegel, and Comparative Law’

Abstract Kant and Hegel offer two very different accounts of contract as a transfer of rights. In this paper, I argue that Kant’s approach largely corresponds to that taken by the German legal system, in which the transfer of property rights arises separately from the original contractual obligation. Hegel’s account of contract is instead most […]

‘Can an agreement that was void at any moment due to a violation of competition law be revived?’

“When a court invalidates an agreement because the rules of contract law were violated (for example because the agreement was concluded as a result of a mistake or deception), then that agreement is deemed to have never existed. It was never valid and never will be valid. Aside from a few exceptions, everything that has […]

Bogdan Derevyanko, ‘The Issues of the So-Called “Duality of Private Law” and Functioning of Commercial Codes’

Abstract The term ‘duality of private law’ is an obsolete and false notion, and its application is detrimental. All modern attacks on Commercial Code of Ukraine under the slogan ‘Europe will not understand us, we must use only the Civil Code’ should be stopped. Today in Europe, business, economic, commercial codes are valid in Austria, […]

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 […]

Hendrik Verhagen, ‘The Policies against Leapfrogging in Unjust Enrichment: A Critical Assessment’

Abstract This article critically examines the merit of the policy reasons against leapfrogging one’s contractual counterparty in unjust enrichment. Where the benefit of a performance, which is rendered by someone (C) pursuant to a contract with his counterparty (T), ends up with someone (D) who is not a party to that contract, will the law […]