Category Archives: European Private Law
Mateusz Grochowski, ‘Digital Vulnerability in a Post-Consumer Society. Subverting Paradigms?’
ABSTRACT Today’s digital economy is increasingly catering to consumers’ emotions and experiences, providing numerous services to meet these needs. Such services are particularly characteristic of social media platforms, which have based their business models on providing consumers with the infrastructure to express themselves and build social interactions. These shifts in consumer market offerings are part […]
Asaf Lubin, ‘On Software Bugs and Legal Bugs: Product Liability in the Age of Code’
ABSTRACT Despite software’s ubiquity in modern life, its classification within product liability law remains unsettled. Is software a product, a service, a good, a component, a medium, a force, or something else altogether? Under the Restatement (Third) of Torts a product is defined as a ‘tangible personal property distributed commercially for use or consumption’. But […]
Young-Ju Kim, ‘Commercial Use of Satellite Remote Sensing Data and Civil Liability’
ABSTRACT This paper explores the civil liability issues arising from the commercial use of satellite remote sensing data, a rapidly growing sector in the space industry. With the increasing reliance on satellite data for various applications, such as agriculture, disaster response, and climate monitoring, legal challenges have emerged, particularly concerning the accuracy and commercialization of […]
‘Multistate Torts’: EAPIL Winter School, University of Insubria, Italy, 10-15 February 2025
The European Association of Private International Law (EAPIL), together with the Department of Law, Economics and Cultures of the University of Insubria, with the Law Faculty of the University of Murcia (Spain) and the Law Faculty of the Jagiellonian University in Kraków (Poland), is organising the Second EAPIL Winter School. The 2025 edition will be […]
‘Digest of European Tort Law: Essential Cases on the Limits of Liability’
DeGruyter has published the fourth and final volume of Essential Cases on the Limits of Liability by Bénédict Winiger, Bjarte Askeland, Elena Bargelli, Martin Hogg, & Ernst Karner. The blurb: ‘European legal systems have developed a broad range of instruments aimed at limiting liability. These instruments are systematically examined within the present volume, which builds […]
‘Copyright, the AI Act and extraterritoriality’
The interaction between the AI Act (Regulation 2024/1689) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today. One particularly controversial point of intersection is the AI Act’s attempt, through recital 106, to give extraterritorial effect to its copyright-related provisions. […]
P Bernt Hugenholtz, ‘Copyright and the Expression Engine: Idea and Expression in AI-Assisted Creations’
ABSTRACT This essay explores AI-assisted content creation in light of EU and US copyright law. The essay revisits a 2020 study commissioned by the European Commission, which was written before the surge of generative AI. Drawing from traditional legal doctrines, such as the idea/expression dichotomy and its equivalents in Europe, the author argues that iterative […]
Nabil Khabirpour, ‘A Tale of Two Cases and a Story Yet Untold: Access to Justice and Legal Advice under the Civil Limb of Article 6 ECHR’
ABSTRACT The proposition that universal access to justice should be a guiding aim of any system of law is, today, commonly recognised. Less clear, however, is what the implementation of this principle should entail in practice if a party cannot afford legal assistance. This article explores the role European human rights law can play in […]
Domurath and Micklitz, ‘EU Digital Private Law: Tattering or New Beginning?’
ABSTRACT This article analyses the impact of the digital acquis on the regulation of market relations governed by private law. The hypothesis is that a new EU digital private law is emerging that deconstructs the existing EU private law acquis and paves the way for an emergent constitutional order of digital private law, which has […]
Cihat Börklüce, ‘Big Data Misuse and European Contract Law’
ABSTRACT The dynamics of contractual interactions have been evolving in recent years, as big data introduces new dimensions to previously conventional contracts. This development intensifies the information asymmetry between the dominant and vulnerable parties, posing increasing challenges for consumers and the entirety of European contract law. This paper offers three main contributions to this discourse. […]