Category Archives: European Private Law

Helberger, Borgesius and Reyna, ‘The perfect match? A closer look at the relationship between EU consumer law and data protection law’

Abstract: In modern markets, many companies offer so-called ‘free’ services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive […]

Punitive Damages in Italian Law – Corte di Cassazione 5 July 2017 no 16601

Abstract: In the current legal system, the purpose of civil liability law is not just to make the victim of a tort whole again, since the functions of deterrence and punishment are also inherent in the system. The American doctrine of punitive damages is therefore not ontologically contrary to the Italian legal system. However, the […]

Koffi Dogbevi, ‘Limitation of Liability in Adhesion Contract: A Comparative Analysis between the French Theory of “Failure of Essential Obligation” and the US Theory of “Failure of the Essential Purpose”’

Abstract: This paper aims to shed light on the French and U.S. doctrines of ‘failure of essential obligation’ and ‘failure of essential purpose’, and discuss how Courts use them to resolve issues arising from limitation of remedies clauses. The research will compare scholars and courts positions in the United States to the standards adopted in […]

Ruben De Graaff, ‘Concurrent Claims in Contract and Tort: A Comparative Perspective’

Abstract: This contribution analyses whether, and to what extent, the law permits a choice between finding liability in contract and in tort. The answer to this question is important because the outcome of a case may differ depending on whether the claim for damages is based on a breach of contract or on a violation […]

Charles Calleros, ‘US Unconscionability and Article 1171 of the New French Civil Code: Achieving Balance in Statutory Regulation and Judicial Intervention’

Abstract: In 2016, France adopted the first comprehensive revision of the French Law of Obligations since it appeared in the Napoleonic Code in 1804. New article 1171 of the Code authorizes judges to strike out auxiliary terms in an adhesion contract that create a significant imbalance in the rights and obligations, inviting a comparison with […]

Challenges in Tort Law Today: Institute for European Tort Law and European Centre of Tort and Insurance Law: Vienna, 20 October 2017

The Institute for European Tort Law (ETL) and the European Centre of Tort and Insurance Law (ECTIL) cordially invite the public to a conference on ‘Challenges in Tort Law Today’. In the light of ongoing debates throughout Europe on whether and how to reform tort law to meet modern-day challenges, key problem areas will be […]

‘Dinwoodie and Dreyfuss on Brexit and IP’

“In prior work such as A Neofederalist Vision of TRIPS, Graeme Dinwoodie and Rochelle Dreyfuss have critiqued one-size-fits-all IP regimes and stressed the value of member state autonomy. In theory, the UK’s exit from the EU could promote these autonomy values by allowing the UK to revise its IP laws in ways that enhance its […]

Andenas and Negra, ‘Between Contract Law and Financial Regulation: Towards the Europeanisation of General Contract Law’

Abstract: This paper explores the interactions between the general law of contract and the EU derived financial regulatory duties. Starting from the analysis of the legal nature of the EU-derived conduct of business rules duties and the role played by contract law in the governance of financial markets, the paper shows that, after the global […]

Giancarlo Frosio, ‘Right to Be Forgotten: Much Ado About Nothing’

Abstract: In the information society, the role of private sector entities in gathering information for and about users has long been a most critical issue. Therefore, intermediaries have become a main focus of privacy regulations, especially in jurisdictions with a strong tradition of privacy protection such as Europe. In a landmark case, the ECJ ruled […]

‘What is the literal meaning of Article 82(1) GDPR in each of the EU’s 24 official languages?’

“I’m trying to work out what Article 82(1) of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) […]