Category Archives: European Private Law
Zarandia and Chitashvili, ‘Fragments of Europeanization of Georgian Property Law and Law of Obligations in the Context of Reception of German Law’
ABSTRACT The present research article focuses on the description of the dynamics of Europeanization of two fundamental concepts of Georgian property law and the law of obligations – acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation – in the context of reception of German law. At the […]
Pietro Mattioli, ‘Navigating the Complexities of the DSA’s Enforcement Framework: Sincere Cooperation in Action?’
ABSTRACT The Digital Services Act (DSA) represents an important development in the EU regulation of online services, tackling online disinformation and harmful content. However, its success depends on effective enforcement across the European Union. As the DSA enters its implementation phase, its enforcement regime is under scrutiny, particularly the cooperation mechanisms between Member States’ competent […]
Iwona Gredka-Ligarska, ‘Employer’s Vicarious Liability for Damage Caused by an AI Worker: Comparative Law Perspective’
ABSTRACT The article examines whether the proposal to apply vicarious liability is the optimal method of regulating the employer’s liability towards third parties for damage caused by AI systems. The research concerns autonomous AI systems used by the employer to achieve the same goals as previously could be achieved only by the human workforce. In […]
Kozuka, Matsunaka and Kido, ‘Sustainability in between corporate law and contract law’
ABSTRACT In today’s global commerce, sustainability has become a common concern of the international society. In some jurisdictions, the regulator is introducing regulations to demand global firms to take appropriate actions, such as the EU’s CSDDD. In others, a legal duty is yet to be established, but the social pressure on firms to care about […]
Shabab Shariar, ‘The Origin Function and Beyond: Expanding the Core of Trademark Law in the UK, EU, and US’
ABSTRACT This paper examines whether the origin function remains the central pillar of trademark law in the UK, EU, and US. It analyses the historical development of the origin function, its interaction with other trademark functions, and the challenges posed by non-traditional marks. Drawing on case law, statutory frameworks, and academic commentary, the paper argues […]
‘Adapting private international law in an era of uncertainty’: Asser Institute, The Hague, 24 October 2025
Private international law deals with cross-border legal disputes. It answers questions like: which country’s court should hear a case? And which country’s laws should apply? These questions are becoming harder to answer as people, businesses, and conflicts move across borders more easily – and unpredictably. The event will bring together leading legal scholars, practitioners, and […]
‘The Case for Retaining Civil Liability in the EU’s Corporate Sustainability Due Diligence Directive: A Law and Economics Perspective’
The European Commission recently introduced the Omnibus Package on 26 February 2025. While presented as a measure to streamline corporate sustainability reporting and reduce regulatory burdens, it risks diluting transparency and weakening the EU’s ambitious sustainability goals. Regarding the Corporate Sustainability Due Diligence Directive (CSDDD), the most alarming watering down of the legislation in the […]
Daniel Engler and others, ‘Do Individuals Prefer Stricter Supply Chain Laws? Empirical Evidence from Germany’
ABSTRACT Inspired by the controversial debate in the EU about legal initiatives to protect human rights and the environment along supply chains (eg, the CSDDD), this paper examines individual preferences for different designs of supply chain laws that are stricter than the current national legislation. Our econometric analysis is based on data from a representative […]
Soyoung Chang, ‘Global Takedown Orders in the GDPR Era: New Internet Governance on Transnational Cooperation’
ABSTRACT Courts in multiple jurisdictions increasingly issue ‘global’ takedown and de-indexing orders against online intermediaries. While these remedies can prevent harm and evasion, they raise hard problems of international jurisdiction, conflicts of law, freedom of expression, and crossborder enforceability. This paper comparatively analyzes leading cases, including CJEU’s Glawischnig (global removal of identical and ‘equivalent’ content) […]
Nathan Willems, ‘A Comparative Analysis of the Homeward Trend’
ABSTRACT To ensure legal certainty, predictability, comity among nations and party autonomy, judges are faced with the application of foreign law. This poses specific problems such as a (perceived) reduced quality of justice due to the judge’s unfamiliarity with the foreign law. There are, however, certain techniques that allow the judge and parties to resort […]