Category Archives: European Private Law

Call for Papers: Small Claims Dispute Resolution for Consumers – A European Approach: Brussels, 10 September 2020

The conference organising team welcomes research papers that contribute to the broad body of knowledge in legal analysis of the European models of small claims dispute resolution and online dispute resolution (ODR) for consumers. In particular, the early-career researchers are encouraged to present their academic contributions to the conference and receive fruitful feedback from the […]

Special number of the German Law Journal on ‘Right to be forgotten: BVerfG judgment’

Backlash against the Court of Justice of the EU? The Recent Jurisprudence of the German Constitutional Court on EU Fundamental Rights as a Standard of Review (Dana Burchardt) The Constitutional Status of Karlsruhe’s Novel ‘Jurisdiction’ in EU Fundamental Rights Matters: Self-inflicted Institutional Vulnerabilities (Karsten Schneider) The Federal Constitutional Court Rules for a Bright Future of […]

Sjef van Erp, ‘European Property Law: Competence, Integration, and Effectiveness’

ABSTRACT Within the European Union property law is, for the most part, governed by the laws of the member states, not unlike in the United States where property law is foremost state law. Only in certain areas fragments of ‘European’ (ie, European Union) property law can be found. The European Union only has limited competences […]

Rossana Ducato, ‘Private Ordering of Online Platforms in Smart Urban Mobility: The Case of Uber’s Rating System’

ABSTRACT Rating and review systems are a self-regulatory mechanism widely used by online platforms, especially in the smart mobility sector. Such systems have already been analysed in empirical studies and legal contributions, in particular in the fields of consumer law, labour law and competition law. This chapter aims to make an original contribution to the […]

Cavallin and Cirillo, ‘The Judge Posner’s Doctrine as Method to Reform the Italian Civil Justice’

ABSTRACT This article represents a preliminary and methodology-oriented effort to conduct an economic analysis of the Italian civil justice system, commonly perceived as inefficient and proposes a different approach. More specifically, it demonstrates how the failure of several Italian legal reforms was based on methodological errors, which led to the inefficiency of the system itself. […]

Michèle Finck and Frank Pallas, ‘They who must not be identified – distinguishing personal from non-personal data under the GDPR’

ABSTRACT In this article, we examine the concept of non-personal data from a law and computer science perspective. The delineation between personal data and non-personal data is of paramount importance to determine the GDPR’s scope of application. This exercise is, however, fraught with difficulty, also when it comes to de-personalized data – that is to […]

Ausloos, Mahieu and Veale, ‘Getting Data Subject Rights Right’

ABSTRACT We are a group of academics active in research and practice around data rights. We believe that the European Data Protection Board (EDPB) guidance on data rights currently under development is an important point to resolve a variety of tensions and grey areas which, if left unaddressed, may significantly undermine the fundamental right to […]

Rocio de la Cruz, ‘Privacy Laws in the Blockchain Environment’

ABSTRACT The compatibility between emerging technology such as Blockchain and the new data protection obligations has been a matter of discussion since the European General Data Protection Regulation (‘GDPR’) came into force back in 2018. The main reason is that GDPR is considered the Regulation that has incorporated the strongest obligations and enforcement consequences. There […]

Francesco Bottoni, ‘Partial Agreement and Contract Formation’

ABSTRACT The article discusses the possibility for contracts to be partially formed or not fully complete under the Italian Civil Code and how these are to be treated in relation to enforcement and remedies. € Francesco Bottoni, Partial Agreement and Contract Formation (2020) 31 European Business Law Review, Issue 2, pp 337–344.

Magdalena Ossowska, ‘The Numerus Clausus Issue in Property Law – European Private Law and the Polish Perspective’

INTRODUCTION … The present article discusses the dogmatic basis of the concept of numerus clausus (II) and outlines its history and economic reasoning behind it (III). Then, the main models of the numerus clausus in European legal orders (IV) as well as the functioning of this principle in Polish property law (V) are presented. Subsequently, […]