Monthly Archives: October, 2024
Peter Jaffey, ‘Private Property and Intangibles’
ABSTRACT The paper considers the ‘right of exclusion’ theory of private property, which equates a property right with a right against interference, correlated with a duty of others against interference, with particular reference to intangible property. It is argued that a right against interference is important but cannot fully explain private property, in particular intangible […]
Constantinos Challoumis, ‘The Significance of Law in Economics’
ABSTRACT The vital significance of law in economics is essential for understanding the intricate relationship between these two fundamental disciplines. Law plays a pivotal role in shaping and regulating economic activities, ensuring fairness, stability, and efficiency within a society. By establishing legal frameworks, property rights, and contractual obligations, the law provides the necessary structure for […]
Alex Mills, ‘Managing the Risk of Conflict between Private International Law Treaties’
ABSTRACT Private international law is a field replete with numerous treaties, reflecting the continuing influence of an internationalist perspective on its purposes and methods. It is characteristic of this field that there are repeated treaties on the same, related or neighbouring topics, both because older treaties have been updated with new techniques, and because a […]
Tinaye Chivizhe, ‘The Identity of the Beneficiary or Presenter Calling for Payment under Demand Guarantees: A Purposive Approach’
ABSTRACT In practice issues may arise when a party other than the designated beneficiary makes a call for payment, leading to a non-conforming demand. This has threatened the commercial use of demand guarantees due to demands for payment being rejected for non-conformity. Notably, the party calling for payment may or may not be the designated […]
Margoni and Strowel, ‘Contractual Freedom and Fairness in EU Data Sharing Agreements’
ABSTRACT This chapter analyzes the evolving landscape of EU data-sharing agreements, particularly focusing on the balance between contractual freedom and fairness in the context of non-personal data. The discussion highlights the complexities introduced by recent EU legislation, such as the Data Act, Data Governance Act, and Open Data Directive, which collectively aim to regulate data […]
Adam Reilly, ‘Voidable title in the sale of goods: One power to rescind, or two?’
ABSTRACT This article explores common law rescission within the sale of goods. It examines the proposition that the rescinding-claimant has a kind of legal, proprietary interest (a ‘power in rem’) to rescind a voidable contract of sale and revest legal title to the goods. This power is considered to be ‘proprietary’ because it binds third-party […]
Jacques and Flynn, ‘Protecting Human Creativity in AI-Generated Music with the Introduction of an AI-Royalty Fund’
ABSTRACT Artificial Intelligence (AI) is posited to revolutionise the creative industries, prompting global calls for legislative intervention to ensure human creativity remain at the centre of the copyright system. As AI systems gain prowess in analysing and generating content, they promise new levels of creativity and innovation at accelerated pace and reduced costs compared to […]
Tibor Tajti (Thaythy), ‘The efficient enforcement challenge of secured transactions law reforms in civil law systems – self-help repossession, strict foreclosure, and other methods for the acceleration of enforcement of security interests’
ABSTRACT Although the forging of an efficient system for enforcement of security interest is one of the central expectations of secured transaction law reforms in civil law systems, the results hardly give reason for satisfaction. As the reforms tend to be supported and influenced by various international organizations’ projects (especially the World Bank, the European […]
Emons and Parisi, ‘The Economics of Litigation Financing’
ABSTRACT Third-party litigation financing involves an external party funding a legal claim, taking on the risk of loss in exchange for a share of any potential recovery. As European regulators prepare to establish a common regulatory framework for third-party litigation financing, this article draws on existing law and economics literature to examine the unique characteristics […]
‘The Right to Work and Social Justice in the Face of Mass Unemployment’
This post focuses on social justice in the realm of work, more specifically on access to jobs and livelihoods. Daniela Caruso, in proposing in 2013 a retrospective analysis of social justice scholarly projects in European ‘private law’ and/or ‘contract law’, rightly criticized the tendency of those projects to focus almost exclusively on consumer protection and […]