Category Archives: European Private Law
Thomas Margoni, ‘Music Metadata Governance: A Legal Perspective’
ABSTRACT The governance of music (meta)data, meaning the rules and institutions governing (meta)data access and transferability within the music sector, constitutes a significant yet under-explored facet of the music data lifecycle. This chapter delves into the legal framework applicable to music (meta)data, with a particular emphasis on European data law. The analysis reveals that three […]
Ilze Plakane, ‘Good Faith in Civil Procedure: The Latvian Experience’
ABSTRACT Civil procedure has traditionally been viewed as a means of resolving disputes between two parties, with the court providing a formal framework for the proceedings, focusing primarily on delivering a judgment and leaving the conduct of procedural activities largely at the parties’ discretion. This article provides insights into the regulation in Latvia, which establishes […]
Luik and Kinkar, ‘Artificial Intelligence and Non-Contractual Liability: Will the Insurance System Replace the Tort System in the Future? An example of autonomous vehicles’
ABSTRACT The rapid advancement of artificial intelligence (AI) technologies, particularly in the development of autonomous vehicles, presents a fundamental shift in the distribution of liability for traffic accidents. This article examines the future of non-contractual liability in the context of fully autonomous vehicles and explores whether the insurance system could eventually replace traditional tort-based liability […]
Elena Izyumenko, ‘Music Metadata as a Fundamental-Rights Question, or EU’s Positive Obligations to Secure Cultural Visibility and Equality Online’
ABSTRACT Music metadata – credits, identifiers, language labels, territorial tags, and genre descriptors – functions as the operative infrastructure of streaming. It shapes what becomes searchable, recommendable, charted, and remunerated. This chapter argues that metadata is therefore not a neutral technical resource but a constitutional site where structural inequality is produced or mitigated. When metadata […]
Fernandez, Gómez-Canaval and Blasco Alís, ‘How much does your car know about you? A Study on the Security and Data Privacy of Connected Car Apps’
ABSTRACT The use of mobile apps (iOS/Android) has become commonplace in standard and high-end vehicle series across various brands. This connectivity is now essential for delivering a new suite of connected services to vehicle owners such as remote control and monitoring. However, as with any advanced technology, the use of mobile apps in vehicles can […]
Filippo Noseda, ‘Trusts without patrimony’
ABSTRACT In a world awash with academic articles on the compatibility of trusts with civil law systems, the author lends his experience as an English solicitor with a Swiss background to shed some light on the interaction between the civil law concept of patrimony and the trust mechanism, focusing on the practical implications for trustees. […]
Arnoud Pijls, ‘Prospectus Liability under Dutch Law’
ABSTRACT This chapter examines the current framework of prospectus liability under Dutch law, which is primarily rooted in general tort rules on unfair commercial practices and misleading advertising rather than in securities legislation. It explains the dual-track system that distinguishes between retail and non‑retail investors and analyses the central role of the World Online judgement […]
Dana Ondrejová, ‘Definition of a particularly vulnerable consumer under Directive 2005/29/EC on unfair commercial practices’
ABSTRACT Directive 2005/29/EC on unfair commercial practices establishes the normative benchmark of the ‘average consumer’ as the primary standard for assessing the legality of commercial conduct. However, Article 5(3) of the Directive introduces an important corrective mechanism by recognizing the category of the ‘particularly vulnerable consumer’, whose economic behavior may be disproportionately influenced by age, […]
Mehmet Bilal Unver, ‘From information fiduciaries to AI: minding the gap of trust’
ABSTRACT This paper revisits fiduciary relationships in the context of digital platforms and artificial intelligence (AI), evaluating whether fiduciary duties retain relevance within an AI-driven socio-technical environment. It outlines the core features of fiduciary law and examines how interpersonal and institutional trust are reshaped by digital platforms, drawing on the EU Digital Services Act (DSA) […]
Bálint Kovács, ‘Europeanisation of private international law: Balancing national traditions and EU rules’
ABSTRACT The reviewed monograph provides a thorough examination of Hungarian private international law, set against the backdrop of EU private international law developments, and their application by the Hungarian judiciary. The book begins with a historical overview of Hungarian private international law, culminating in the 2017 recodification under the Act on Private International Law (APIL). […]