Category Archives: European Private Law

Paolo Sanna, ‘The Recoverability of the Loss of the Right to Life per se: A Brief European Overview’

Abstract Traditionally, with a few exceptions, in Europe, decisions of the courts have denied the recoverability of the loss of the right to life per se (and the subsequent transfer of the claim from the primary victim to his/her heirs). In a comparative perspective, the author, as a starting point, analyzing the Italian legal system, […]

Irma Sasso, ‘Will Formalities in the Digital Age: Some Comparative Remarks’

Abstract The work proposes to examine current testamentary will formalities in light of the digital revolution that has swept through modern society these past decades. The analysis will concentrate on the extent to which each of the three forms of ordinary testamentary will governed by Italian law is compatible with new electronic and digital technologies. […]

‘PhD vacancy in European Private Law’

“The Centre for the Study of European Contract Law (CSECL) invites applications for a PhD position from candidates who can actively contribute to Amsterdam Law School’s dynamic research community. For 38 hours per week. Closing date: 1 October 2018. Applicants are invited to formulate an innovative research question (or hypothesis) which should link up to […]

Sean McGinty, ‘Legal Families and the Birth, Growth and Death of a Corporate Law Rule’

Abstract This paper explores the limits of the concept of legal family in the context of corporate law, where scholarship has given it a prominent role in explaining differences in legal evolution. It does so by comparing the lifespan of a single rule which, owing to historical coincidence, Japan and Ontario both enacted in the […]

Wannes Vandenbussche, ‘Introducing Apology Legislation in Civil Law Systems. A New Way to Encourage Out-of-Court Dispute Resolution’

Abstract This article addresses a way to support out-of-court dispute resolution which has not yet been considered in civil law systems: the introduction of apology legislation. Apology legislation encompasses a combination of statutory provisions that reduce or remove the adverse legal consequences of apologizing. The idea underpinning this device is to create a safe harbour […]

Katarzyna Kryla-Cudna, ‘Breach of Contract and Damages for Non-Pecuniary Loss’

Abstract The purpose of this article is to investigate whether non-pecuniary interests of the parties should be protected in contract law and what should be the scope of such protection. The article sheds light on the theoretical framework of contract remedies and claims that the compensability of non-pecuniary loss is necessary for an adequate protection […]

Matti Urho, ‘Compensation for Drug-Related Injuries’

Abstract The purpose of this article is to answer the following question: What are the qualifications required of a viable compensation scheme for drug-related injuries in the future? To answer this question the no-fault systems in four Nordic states are examined and compared to other systems fully or partially arranged on no-fault principles in Europe […]

Jacobien Rutgers, ‘Choice of Law in b2b Contracts: the Law of the Jungle: Exploratory Interviews with Dutch Lawyers’

Abstract Is the law of the jungle the guiding principle with respect to choice of law clauses in international contracts between businesses (b2b contract)? Does a choice of law imply the rule of the strongest party? These and other questions are discussed in the light of 18 exploratory qualitative interviews with Dutch senior practising lawyers […]

Symposium on ‘The Ius Commune Casebook on European Law and Private Law’ (ELTE Law Journal)

Guest Editorial Preface (Carla Seiburgh and Balázs Fekete) Introduction (Arthur Hartkamp) Taking European (Private) Law Seriously (Attila Menyhárd) Taking the Next Step Towards More Equality (Carla Seiburgh) The Principle of Non-discrimination in Private Law Relationships (Réka Somssich) The Issue of Directives and Ex Officio Application of Primary EU Law (Balázs Fekete) Directives and Ex Officio […]

Manuel Ángel De las Heras García, ‘Guilt, Risk and Civil Liability in Spain’

Abstract The offenses typify those socially reprehensible behaviors that are tried to avoid with the threat of suffering a punishment or sanction, that is to say, with the penal legislation. On the other hand, civil infractions tend to be remedied (but not punished) by applying the principle of equivalence, for which the responsible assumes the […]