Category Archives: European Private Law

Philip Sales, ‘Implications of Brexit and Covid-19 for UK Law’

“It is a great pleasure for me to speak to you today, albeit through virtual means. I have been asked to speak about the implications of Brexit and COVID 19 for the UK’s law and its legal system. These are large subjects, with significant legal consequences that are still unfolding and will continue to do […]

‘Foreseeability and controllability of strikes – CJEU in Airhelp (C-28/20)’

“On 23 March 2021 the CJEU issued its judgment in the case Airhelp (C-28/20), interpreting provisions of Regulation 261/2004 on air passenger rights. Specifically, this judgment confirms that in most cases the airlines will not be able to invoke strikes (industrial actions) as an extraordinary circumstance that would release them from their obligation to pay […]

Igor Szpotakowski, ‘Polish and Chinese civil law perspectives on the principle of good faith’

ABSTRACT The scope of this chapter is to compare how the principle of good faith is interpreted on the basis of Polish and Chinese civil law, to try to find resemblances and alterations in the meaning of this principle in different, though at first glance similar legal systems. Moreover, this chapter is also an extension […]

‘International Commercial Arbitration in the European Union – Brussels I, Brexit and Beyond’

“With a comprehensive and informative manuscript, in International Commercial Arbitration in the European Union – Brussels I, Brexit and Beyond (Edward Elgar, 2020, 320 pp: see here a previous announcement of the publication) Chukwudi Ojiegbe provides a wide-ranging overview of the status quo of international commercial arbitration in the European Union, also duly taking into […]

Ariano and de Morpurgo, ‘The 15th Anniversary of the “Common Core of European Private Law”’

ABSTRACT Under the guise of celebrating the 15th anniversary of the ‘Common Core of European Private Law’, the authors briefly revise the methodology deployed in this scholarly project and the results achieved so far. Ariano, Emanuele and de Morpurgo, Marco, The 15th Anniversary of the ‘Common Core of European Private Law’ (2010). European Review of […]

‘French court ruling considers lawfulness of using EU subsidiary of US cloud service provider post-Schrems II

“The Conseil d’État, France’s highest administrative court, recently ruled that personal data collected via a platform managed by Doctolib, and hosted by an EU subsidiary of a US-based company (subject to US surveillance laws), was in line with the GDPR. The ruling is an important follow-up to Schrems II …” (more) [Davinia Brennan, Ireland IP […]

Liam Sunner, ‘How the European Union is expanding the protection levels afforded to Geographical Indications as part of its global trade policy’

“It can be said that the conceptual scope of intellectual property (IP) is a dynamic one, exponentially moving beyond the more limited original application. In addressing this evolution, the EU has taken numerous steps to account and facilitate the expansion to the conceptual scope. One key area has been the expansions to which well exemplify […]

‘Book Review: Markesinis’s German Law of Torts, Markesinis, Bell and Janssen eds, 5th ed, 2019′

Markesinis’s German Law of Torts, Basil Markesinis, John Bell and André Janssen eds, 5th ed, Hart 2019. The first edition of this book, printed in 1986, was entitled ‘A comparative introduction to the German Law of Torts’. That edition was comprised of an introductory section, providing the readers with general information on the German court […]

‘Legal Ignorance in Private Law’: special issue of European Review of Private Law

Legal Ignorance in Private Law: A Comparative Overview (Albert J Verheij, Emil F Verheul and Grietje T De Jong) Legal Ignorance in Belgian Private Law (Ilse Samoy, Evelyne Terryn, Pauline Verbiest, Françoise Auvray and Frederik Peeraer) Legal Ignorance in England and Wales: A Study of Contract, Tort, Unjust Enrichment and Civil Procedure Law (Paula Giliker) […]

Karolina Ziemianin, ‘Civil legal personality of artificial intelligence. Future or utopia?’

ABSTRACT The technology associated with artificial intelligence is developing rapidly. As a consequence, artificial intelligence is being applied in many spheres of life and increasingly affects the functioning of society. Actions of artificial intelligence may cause harm (eg in the case of autonomous vehicles that cause traffic accidents). Rules of civil law, especially those relating […]