Category Archives: European Private Law
Joaquín Sarrión, ‘The Access to Justice of Consumers in the Current European Union Legal System: Challenges and Perspectives’
ABSTRACT The effectiveness of the protection of EU consumer rights, through the access to justice, is mostly based in the application and resolution of EU member States jurisdictions. Nevertheless, the effectiveness has been largely guaranteed by CJEU case law. The access to justice, in the EU jurisdiction centralized level for legal and natural persons, including […]
Purtova and Newell, ‘Against Data Fixation: Why “Data” Fails as a Regulatory Target for Data Protection Law and What to Do About It’
ABSTRACT This article critiques the fixation on data as an object of regulation for addressing a broad range of digital problems. We challenge the idea that data are always the appropriate regulatory targets for addressing information-related problems, specifically in the context of data protection and the General Data Protection Regulation (GDPR). The GDPR tackles a […]
Iwona Wróblewska, ‘Do We Need the Concept of Drittwirkung to Protect Fundamental Rights in Private Relations? A Lesson from Germany’
ABSTRACT The Drittwirkung determined the discussion on the impact of fundamental rights on private relations, significantly influencing the dogmatics of fundamental rights and the paradigm of their application in Germany. The current state of development of the Drittwirkung is a result of a dialogue over the course of several decades in German academia between the […]
Güneş and Kurtulan-Güner, ‘Different Grounds for Climate Change Liability: Can Tort Lawyers Draw Inspiration from Rights-Based Climate Litigation?’
ABSTRACT Tort law and human rights law represent two distinct legal frameworks that have been deployed in climate change litigation. Historically, early climate cases were predominantly grounded in tort law; however, a more recent and significant trend, referred to by some scholars as the ‘rights turn’, has seen a surge in rights-based claims. Despite the […]
Jann Maatz, ‘Deanthropocentric Legal Subjectivity: On the Expansion of the Human Body Using the Example of the Protection of Personality under German Tort Law’
ABSTRACT Keeping pace with the advances in bioinformatics and digitalisation has become one of the central tasks of today’s legal system and its respective sub-areas. However, this will no longer be possible in the future without moving away from the ideal of a technology-free human individual as the only possible legal subject. Supreme Court case […]
Aline Larroyed, ‘The Fallacy of the File: How the Memorisation Metaphor Misguides Copyright Law and Stifles AI Innovation’
ABSTRACT This article examines the metaphor of ‘memorisation’ in current debates about artificial intelligence (AI), particularly large language models (LLMs), and its migration into copyright law. In machine learning, memorisation has a narrow technical meaning, describing rare instances where models reproduce verbatim fragments of training data. Yet, when transposed into legal discourse, the term has […]
Alvaro Pereira, ‘Selective Flexibility: The Hidden Evolution of Startup Corporate Law’
ABSTRACT This Article challenges the longstanding assumption that corporate law is largely irrelevant to startup companies and venture capital (VC). Through a novel cross-country legal index covering twenty years and twelve jurisdictions, it shows that corporate laws have evolved through a process of ‘selective flexibility’, in which certain legal barriers to VC deals are lifted, […]
Dilek, Skauradszun and Omlor, ‘A New Private International Law for Digital Assets’
ABSTRACT The increasing popularity of digital assets presents significant challenges for private international law, as fundamental conflict of laws rules concerning proprietary issues are often absent. This article outlines a possible approach to a technologically neutral and function based conflict of laws framework. Taking existing instruments into account, it examines in particular the role of […]
‘Crossroads in Private International Law Webinar with on “the EU Anti-SLAPP Directive” at the University of Aberdeen’
The Centre for Private International Law & Transnational Governance of the University of Aberdeen is continuing its Crossroads in Private International Law webinar series with a talk by Birgit van Houtert (Maastricht University) and Francesca Farrington (Groningen University) titled ‘The EU Anti-SLAPP Directive – Comparative Perspectives on Implementation’ … (more) Tobias Lutzi, Conflict of Laws […]
Nordemann, Pukas and Baumann, ‘Liability for copyright infringing output of generative AI systems – evolving the European reproduction right’
ABSTRACT Generative AI systems can sometimes produce output that infringes copyrights. The question is: who is liable for the unauthorised acts of reproduction involved? The first candidate would be the user, as the person who directly initiates and steers the generation process. One could also argue, however, that in certain types of case, it is […]