Category Archives: European Private Law

Tim Dornis, ‘The Doctrines of Contract and Negotiorum Gestio in European Private Law: Quest for Structure in a No Man’s Land of Legal Reasoning’

Abstract: The field of negotiorum gestio is perplexing. In civil law, its doctrinal, policy, and economic foundations are far from clear. In common law, the concept even seems to be inexistent. Nevertheless, in common-law as under civil-law doctrine, certain situations of intervention in another’s affairs are acknowledged as establishing claims of an intervening party against […]

Katarzyna Krupa-Lipińska, ‘The Problem Of The Indeterminate Defendant In Tort Law In Europe’

Abstract: The article discusses the problem of the indeterminate defendant in European tort law systems and in the projects aiming to unify tort law in Europe, such as Draft Common Frame of Reference and Principles of European Tort Law. The given issue relates to a situation where there is a damage caused by one factor, […]

Andreas Rahmatian, ‘Brief speculations about changes to IP law in the UK after Brexit’

“It has often been said that the decision of a slight majority of the British people to leave the EU after a referendum that was originally envisaged as advisory will bring fundamental changes to the UK. This is indeed likely to be the case, but at the moment one can only speculate …” (more) € […]

Krzysztof Jankowski, ‘The Right to Be Forgotten in EU Legislation: Why We Should Not Care About It’

Abstract: The so-called right to be forgotten has recently been given a lot of attention by the public, mainly due to its rapid development within the European Union framework. There are apparently two parallel ongoing discussions: the first one focuses on an abstract right to be truly forgotten, giving individuals a right to erase the […]

Irina Domurath, ‘Mortgage Debt and the Social Function of Contract’

Abstract: The high numbers of over‐indebtedness and of evictions in Europe since the financial crisis have highlighted the need to re‐think the role that mortgage credit plays for societies. This contribution examines the social function of contract law, based on the observation that contract law is a means of allocating welfare in a political economy […]

Teemu Juutilainen, ‘Law‐Based Commodification of Private Debt’

Abstract: This article looks back in history to understand how private debt developed into the kind of tradable asset, or commodity, that it is today. The article theorises that development, distinguishing in it three discrete but overlapping modes of commodification, namely propertification, impersonalisation and risk abstraction. The three modes shed light on changes in debt […]

‘The UK and European Private Law, what’s next?’

“In the past I have reported on this forum about a simulation that William Bull and I run with Maastricht European Law School Students called the Maastricht Project. In this project, which runs in our course on European Private Law (focusing on contract, property and a bit of tort), we divide students amongst Member State […]

‘A comprehensive look at Brexit’s impact on intellectual property rights in the UK’

“The formal process for the UK’s departure from the EU began on 29 March 2017 when the UK Government notified the European Council under Article 50 of the Lisbon Treaty of its intention to leave the EU. This started a two year period in which to negotiate a withdrawal agreement (this period can be extended […]

de Hert and Papakonstantinou, ‘The rich UK contribution to the field of EU data protection: Let’s not go for “third country” status after Brexit’

Abstract: The die is cast. At the time of drafting this paper the so-called Brexit, the exit of the UK from the EU, seems like a certainty after the poll results of 23 June 2016. Within such historic, indeed seismic, developments data protection seems but a minor issue, a footnote to a world-changing chapter waiting […]

Kelly and Satola, ‘The Right to Be Forgotten’

Abstract: The right to be forgotten refers to the ability of individuals to erase, limit, delink, delete or correct personal information on the Internet that is misleading, embarrassing, irrelevant or anachronistic. This legal right was cast into the spotlight by the European Court of Justice decision in the Google Spain case, confirming it as a […]