Category Archives: European Private Law

Ting Xu, ‘A law-and-community approach to compensation for takings of property under the European Convention on Human Rights’

ABSTRACT Studies of takings of property highlight the increasing penetration of state power into private life. Controversies regularly surround compensation provisions. Many academic analyses and decisions of the European Court of Human Rights have supported the proposition that market value offers the best approximation of just compensation. However, full market value compensation may not be […]

Hanjo Hamann, ‘The German Federal Courts Dataset 1950-2019: From Paper Archives to Linked Open Data’

ABSTRACT Various reasons explain why Europe lags behind the United States in empirical legal studies. One of them is a scarcity of available data on judicial decision making, even at the highest levels of adjudication. By institutional design, civil‐law judges have lower personal profiles than their common‐law counterparts. Hence very few empirical data are available […]

Natalia Curto, ‘EU Directive on Copyright in the Digital Single Market and ISP Liability: What’s Next at International Level?’

ABSTRACT The recent approval of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DSM Directive) by the European Union has caused a considerable storm among the internet users, scholars, practitioners and industries. Particularly controversial was the original obligation of ISPs to filter the content upload by platforms users with […]

Chander, Kaminski and McGeveran, ‘Catalyzing Privacy Law’

ABSTRACT The United States famously lacks a comprehensive federal data privacy law. In the past year, however, nearly half of state legislatures have proposed or enacted broad privacy bills or have established privacy legislation task forces, while Congress has scrambled to hold hearings on multiple such proposals. What is catalyzing this legislative momentum? Some believe […]

Radosveta Vassileva, ‘On the Diverging Conceptions of Fairness in English and Bulgarian Contract Law: The Peculiar Transformation(s) of Roman Causa’

ABSTRACT This paper examines the distinct roles, which the Roman doctrine of ‘causa’ acquired in English and Bulgarian contract law, to challenge popular beliefs entertained by common law and comparative scholars and to demonstrate the peculiar mechanisms through which the conception of fairness in contract law evolves. While leading contemporary English scholars argue that the […]

Alexander Wulf, ‘Insights From the Historical German Codification Debate With Relevance for the Development of a Uniform Civil Code for India’

ABSTRACT In this essay I present a summary of the historical German Codification debate between Thibaut and Savigny and discuss its relevance for the development of a Uniform Civil Code for India. In the nineteenth century the German jurists Thibaut and Savigny conducted a debate on the need for a common civil code for all […]

Jani McCutcheon, ‘The Concept of the Copyright Work under EU Law: More Than a Matter of Taste’

ABSTRACT In Levola Hengelo BV v Smilde Foods BV the Court of Justice of the European Union was asked, inter alia, to make a preliminary ruling on whether EU copyright law precludes the taste of food from being protected as a copyright work. This generated expectations that the ECJ and the Advocate General would clarify […]

‘Book Review: The Right of Communication to the Public in EU Copyright Law

“Communication to the public is a highly contentious area of copyright law, that is becoming increasingly important in the information society age, yet its boundaries and scope still remain somewhat of a mystery. In The Right of Communication to the Public in EU Copyright Law, Justin Koo sets out to rehabilitate the right by exploring […]

Gary Bell, ‘The Civil Law, the Common Law, and the English Language – Challenges and Opportunities in Asia’

ABSTRACT This article addresses three questions. First, what is the effect on the civil law in Asia of young (and old) academics adopting English, the language of the common law, as a second language – rather than a civil law language, either a Continental European language (French, German etc), or another Asian civil law language […]

João Quintais, ‘The New Copyright in the Digital Single Market Directive: A Critical Look’

ABSTRACT On 17 May 2019 the official version of the new Directive on copyright and related rights in the Digital Single Market was published. This marks the end of a controversial legislative process at EU level. It also marks the beginning of what will surely be a contentious process of national implementation. This article provides […]