Monthly Archives: January, 2024
Arseny Shevelev and Georgy Shevelev, ‘Proprietary Status of the Whole Body of a Living Person’
ABSTRACT This article is a reaction to the growing economic significance of the living human body as well as its legal status. In this paper, we argue that ownership in the human body most effectively guarantees the autonomy of the human will as to the use and disposal of one’s own body, but classical ownership […]
Clement Salung Petersen, ‘The Public Policy-Implementing Role of Nordic Courts in Civil Dispute Resolution’
ABSTRACT This chapter explores the role of Nordic courts in safeguarding certain public values and interests, whether substantial or procedural, in the three types of civil dispute resolution that can potentially lead to state enforcement, namely civil litigation, arbitration and mediation. First, it shows how Nordic courts in civil litigation may take on an ‘active […]
Kate Galloway and Melissa Castan, ‘Many Interests, One Place: The Unsustainability of a Hierarchy of Rights to Land’
ABSTRACT Real property law enables the grant of multiple rights in the one parcel of land. However, there are other sources of rights in land, and obligations that burden property rights, that might subsist over or in relation to the same physical space. The full complement of rights and obligations over land are therefore in […]
Rod Thomas, ‘The “Good Faith” Buyer Defence and the Vulnerability of Art Institutions and Their Employees to Repatriation and Reparation Claims’
ABSTRACT The claim of being a ‘good faith’ buyer is often made in a general and unsubstantiated way as a response to a repatriation claim concerning physical artworks. This paper examines what that defence means in terms of legal consequences. The principle is seen to operate differently for three different sectors of the art market. […]
Desmond Oriakhogba, ‘Repatriation of Ancient Benin Bronzes to Nigeria: Reflection on Copyright and Related Issues’
ABSTRACT The 1897 invasion of Benin traditional empire by British soldiers led to the looting of ancient Benin Bronzes, which have been at the center of conversation around repatriation of stolen African cultural heritage from Europe and America for a long time. There have been efforts in the past by the Nigerian government and the […]
Arina Gorbatyuk and Thomas Gils, ‘Patent Transactions and the Use of Blockchain Technology’
ABSTRACT Blockchain is regarded as a game changer in the IT world as it allows to record and exchange information in a decentralized manner on an unprecedented level. Since the introduction of the technology more than a decade ago, there is hardly any industry that is not wondering about its applicability to their fields. Intellectual […]
Martijn Hesselink, ‘Private Law Subjects in Citizens’ Assemblies: On the Dialectics of Private and Public Autonomy in the EU’
ABSTRACT This paper explores viable roads towards a more radically democratic European private law. In particular it argues that European private law should catch the deliberative wave. To this end, it proposes the introduction of deliberative citizens’ assemblies and citizens’ panels in the context of EU private law making, especially its reform. The argument is […]
Dan Svantesson, ‘An Attempt at Codifying the Equitable Doctrine of Unconscionable Dealings’
ABSTRACT This article is written in honour and in memory of my dear colleague the late Professor Denis Ong – a talented, hard-working, and deservedly leading, authority on equity. Here, I seek to articulate a potential ‘codification’ of the equitable doctrine of unconscionable dealings. While I have been advocating a reform-oriented codification of Australia’s contract […]
‘Good faith: reliance on the repugnant’
English law has, to put it mildly, a fractious relationship with the concept of good faith. There is a deep-rooted scepticism towards it that has often manifested as outright hostility: Lord Ackner famously described the duty to negotiate in good faith as ‘inherently repugnant to the adversarial position of the parties’ (Walford v Miles). Indeed, […]
‘Limitations to parties’ choice of law in copyright exploitation contracts in the digital era’
The online exploitation of content protected by copyright inherently entails cross-border aspects. Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship … (part 1, part 2) [Jozefien Vanherpe, Kluwer Copyright Blog, 17 and 19 October […]