Category Archives: European Private Law
Andrew Woodhouse, ‘Commodity-form theory of law, the climate crisis, and the European Union’
ABSTRACT This essay reflects on how the Marxist commodity-form theory of law can inform approaches to EU climate law. The commodity-form theory understands law as a central social relation in the capitalist mode of production. The essay combines this theory with a Marxist analysis of the relationship between capitalism and nature, arguing that the inherent […]
Csongor István Nagy, ‘Private International Law: A Hungarian Perspective’
ABSTRACT This book provides a concise and analytical introduction to private international law in Hungary: international jurisdiction of courts, choice of law (applicable law) and the recognition and enforcement of foreign judicial decisions. It presents both Hungarian conflicts rules and their judicial practice and the application of EU conflicts rules by Hungarian courts. In the […]
Vitoria Maturana de Britto, ‘The Social Function of Copyright’
ABSTRACT This thesis deals with the need to recognize a balance between the individual rights conferred on authors in the copyright system and the common interests of society. It investigates the application of the social function to copyright. In this sense, this theory indicates that no individual right should be considered absolute and that there […]
Sylvia Lu, ‘Regulating Algorithmic Harms’
ABSTRACT In recent years, the rapid expansion of artificial intelligence (AI) innovations has led to a rise in algorithmic harms – harms emerging from AI operations that pose significant threats to civil rights and democratic values in today’s technological landscape. A facial recognition system for improving criminal detection wrongly collected sensitive personal data and flagged […]
Muriel Fabre-Magnan, ‘Constitutional Values and Freedom of Contract’
ABSTRACT The balancing of freedom of contract against fundamental values seems to be a classic subject. It is commonly taught in contract law that fundamental principles may constitute a limit on freedom of contract, and justify infringement of the freedom of choice of the contracting party or, above all, of the freedom to determine the […]
Magdalena Tulibacka, ‘Consumer Justice: Do Europeans Know Something We Do Not?’
INTRODUCTION Consumer justice needs renewed focus. Both the European Union (EU) and the United States offer consumers options to enforce their rights, but these options are not available or viable for all. To address gaps in consumer justice, the EU is following the approach consisting of two closely linked efforts: (1) flexible responses to consumer […]
Zoran Vuković, ‘Cause (Ground) of Obligation of the Contract on Representation in Sport’
ABSTRACT In the law of the Republic of Serbia, the cause of contractual obligation has the significance of a general assumption of the validity of the contract. It represents an essential condition for the creation and survival of every contract. Accordingly, ‘every contractual obligation must have a permissible cause. The cause is impermissible if it […]
Alexander Kirk, ‘Consumer Autonomy and the Charter of Fundamental Rights’
How is the autonomy of consumers protected by the Charter of Fundamental Rights? In this essay, I aim at showing two things: Firstly, the principle of autonomy is enshrined in European economic rules (eg on competition) as a general concept that applies to all market actors – including consumers. Secondly, consumer autonomy is protected on […]
Maciej Bujalski, ‘On Producers’ Obligation to Repair Defective Goods: Direct Producers’ Liability vs Self-Standing Obligation under R2R Directive’
INTRODUCTION The European Union is actively pursuing sustainable consumption, one aspect of which is the circular economy. This aims to prolong the lifespan of the goods available on the market. Therefore, the regulation of the right to repair became of interest to the European Commission. The assumption is that environmental costs resulting from repair are […]
Hariharan and Noorda, ‘Imprisoned at Work: The Impact of Employee Monitoring on Physical Privacy and Individual Liberty’
ABSTRACT There are now a wide range of tools available to monitor employees, boasting sophisticated features like keystroke logging, geolocational tracking, and video surveillance. From a legal perspective, employee monitoring is most commonly analysed in terms of the impact it has on an employee’s control over their information and data ie their ‘informational privacy’. This […]