Category Archives: European Private Law

‘CALL FOR PAPERS: French law versus Common law au XIXe siècle. La naissance d’une concurrence entre modèles juridiques (Rennes/Paris, 4 April 2018 and 9 October 2018)’

“À l’origine d’une comparaison, d’une concurrence, d’un jeu de miroirs. Depuis une trentaine d’années, de nombreux juristes français s’émeuvent devant l’expansion des systèmes de common law. Ils constatent que celui-ci est à la mode dans les grands cabinets d’avocats, dans les think tank économiques et commerciaux ou dans certaines institutions internationales. Ils observent, par contraste, […]

Terwindt, Leader, Yilmaz-Vastardis and Wright, ‘Supply Chain Liability: Pushing the Boundaries of the Common Law?’

Abstract On 29 August 2016, in a claim by Pakistani survivors and legal heirs against German retailer KiK for injuries and deaths during a fire at a factory supplying jeans in Karachi, German judges accepted jurisdiction and granted legal aid to the Pakistani claimants to cover the legal fees. The case pending before the German […]

Lukas van den Berge, ‘Rethinking the Public-Private Law Divide in the Age of Governmentality and Network Governance: A Comparative Analysis of French, English and Dutch Law’

Abstract This article presents an analysis of the ways in which the public-private law divide is envisioned in French, English and Dutch law. First, it explains why French law’s tradition of regarding public and private law as ‘two separated worlds’ is now outmoded, failing to live up to the present trends of ‘governmentality’ and ‘network […]

17th Annual Conference in European Tort Law, Vienna, 5-7 April 2018

The Annual Conference provides a unique opportunity for both practitioners and academics to discover the most significant tort law developments from across Europe in 2017. Experts from each of the many jurisdictions represented will present selected highlights from their contributions to the European Tort Law Yearbook, an annual volume which provides a comprehensive overview of […]

Just Published: Irina Domurath, Consumer Vulnerability and Welfare in Mortgage Contracts

This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential […]

Ackermann-Blome and Rindell, ‘Should trade secrets be protected by private and/or criminal law? A comparison between Finnish and German laws’

Abstract The European Union recently enacted a Trade Secrets Directive in order to harmonize trade secrets protection throughout the internal market. With particular regard to private remedies, this raises the question whether the Member States that have relied primarily on criminal law so far will merely have to add on private law rules or also […]

Custers, Dechesne, Sears, Tani and van der Hof, ‘A Comparison of Data Protection Legislation and Policies Across the EU’

Abstract Although the protection of personal data is harmonized within the EU by Directive 95/46/EC and will be further harmonized by the General Data Protection Regulation (GDPR) in 2018, there are significant differences in the ways in which EU member states implemented the protection of privacy and personal data in national laws, policies, and practices. […]

AB Menezes Cordeiro, ‘Brexit as an Exceptional Change of Circumstance?’

Abstract Few issues in the law of obligations have yielded solutions so disparate as those offered for exceptional changes of circumstances after the formation of contracts. These differences are especially noticeable between civil law systems, despite their common origins and the mutual influences. Although the solutions differ, the doctrine of change of circumstances is recognised […]

Ilanah Fhima, ‘Brexit: EU27 Position Paper on Intellectual Property’

“The EU27 Position Paper on Intellectual Property sets out the EU Member States’ starting position in relation to pre-existing IP rights as part of the Brexit negotiations.” € Ilanah Fhima, Brexit: EU27 Position Paper on Intellectual Property, Journal of Intellectual Property Law and Practice, Published: 21 December 2017.

Dmitry Poldnikov, ‘Why Generalize Contract Law? The Russian Perspective on the Benefits of the Western European Legal Style during the Long 19th Century’

Abstract Generalized contract law is believed to be a distinctive feature of civil law elaborated by modern legal scholars on the Continent. Sharia and common law lawyers were unwilling to transit from casuistry to generalities without the influence of the Continental authors. Is this also true for Eastern Europe with its specific legal tradition? The […]