Category Archives: European Private Law
‘One Century Late: Negotiating Property of the Former Emperor’s Family’
The direct descendant of the last German emperor has proven to be a legal tyrant by intimidating historians, journalists, and others through numerous Strategic Lawsuits Against Public Participation (SLAPP). The prospect of long and expensive legal disputes has pressured the German state into an agreement that grants the royal heir significant control over the property […]
Symposium: ‘Crossroads of Codification: A Comparative Dialogue’: ELTE Law Journal
Preface to the Contributions Regarding ‘Crossroads of Codification: A Comparative Dialogue’ (Orsolya Szeibert) The CISG and Unforeseeable Events (Ulrich Magnus) Codification at the European Level (Peter-Christian Müller-Graff) Codification in the Common Law (John Cartwright) The Civil Law’s Common Law (Christian von Bar) Learning from Common Law? The Binding Nature of the Hungarian Curia’s Judgments (Péter […]
Adrian Cordina, ‘The Regulation of Litigation Funding in Europe: An Application of Principal-Agent Theory’
ABSTRACT Litigation funding in Europe, and third-party funding (TPF) of litigation in particular, has acquired renewed, and perhaps outsized, significance in recent years as the debate over its importance, benefits and drawbacks has grown. This chapter takes an economic approach and systematically applies agency theory to the relationships found in the question of regulating TPF, […]
Dori and Kramer, ‘Financing Collective Actions and Strategic Litigation in Europe: The Role of Third-Party Funders in the Shadow of the Procedure’
ABSTRACT Third-party litigation funding (TPLF) has been one of the ‘hot potatoes’ in European civil justice in recent years. While funding of litigation by commercial parties is not a new phenomenon and has found its way to commercial arbitration and different types of commercial or non-commercial court litigation, its use has expanded in Europe. Litigation […]
Ambrosino, Cedrini, Marciano and Ramello, ‘Celebrating European law and economics: three decades in a long tradition’
ABSTRACT This paper analyzes the intellectual foundations and evolution of the European Journal of Law and Economics (EJLE) over its first thirty years. We first reconstruct the European intellectual traditions underlying law and economics – Enlightenment thought, the German Historical School, ordoliberalism, and comparative institutional analysis – and their role in shaping the journal’s founding […]
Michael Wachukwu, ‘Protection of Digital Rights in Data, Cyber and AI governance’
ABSTRACT As different Courts with different mandates and jurisdictions, the CJEU do consider various rights limitations under Article 8 of the ECHR, as interpreted by the ECtHR. This research found that the CJEU and ECtHR strive to live up to expectations under current data protection laws. However, their jurisprudence seems to fall short of providing […]
Michael Wachukwu, ‘Points of Convergence and Divergence of Scholars on the CJEU and ECtHR Jurisprudence on Digital Rights Protection’
ABSTRACT To sustain the rule of law, everyone should enjoy efficient judicial protection of their digital rights. In this regard, the CJEU however held that ‘the right to data protection is not absolute but qualified and must be considered in relation to its function in society’. For a researcher, the right to an effective legal […]
Kramer and Dori, ‘Civil justice in the European Union’
ABSTRACT Civil procedure laws differ substantially among Member States of the European Union (EU) but over the past few decades Member States’ civil procedure systems have been increasingly influenced by EU law. The creation of an EU area of justice and an extended legislative competence as regards judicial cooperation have resulted in an expanding legislative […]
Soileva, Gjorgjioska and Gorgieva, ‘European Small Claims Procedure’
ABSTRACT The European Small Claims Procedure was introduced by EU Regulation 861/2007 and applies between all Member States of the European Union except Denmark. This procedure can be used for claims up to the value of €5000 and is a written procedure, unless an oral hearing is considered necessary by the court. The European Small […]
Christian Twigg-Flesner, ‘Subscription Contracts – Unfair Terms Control or Direct Action?’
ABSTRACT Subscription contracts are used widely, particularly in the digital economy. Nevertheless, there are significant concerns about the way in which consumers are often tricked into concluding a subscription contract, particularly through free trials or introductory offers; automatic renewals without reminders or an opportunity to terminate the contract; and confusing arrangements for terminating a subscription […]