Category Archives: European Private Law
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 […]
Christian Twigg-Flesner, ‘The Obsolescence of Consumer Law: A UK Perspective’
ABSTRACT This paper examines several dimensions of obsolescence applied to consumer law, with a particular focus on consumer law. The extent to which consumer law in general might be obsolete is test by examining its scope of application, its underlying rationale, and its evolution as a derogation from general contract law. A second dimension is […]
Yann Conti, ‘Post-Mortem Data Protection in the Digital Age: A Necessity for Human Dignity?’
ABSTRACT The rise of digital society raises new questions about the status of the digital remains of deceased individuals. Recent literature argues that such remains require protection similar to that afforded to bodily remains, due to their connection to personal identity. By framing post-mortem privacy as an essential component of human dignity, we show that […]
Lai and Barclay, ‘Design law for the technical versus affective designs’
ABSTRACT This paper explores the interplay between intellectual property and gender in modern design law and practice, with a focus on the New Zealand Designs Act 1953 and references to Australian, United Kingdom and European Union law. It highlights how law and practice favour technical, utilitarian design principles (that coded masculine), but neglect the dynamic, […]
Nicholas Mouttotos, ‘A Requiem for the “Illusion” of Consent in Consumer Contracts?’
INTRODUCTION At a time when artificial intelligence (AI) is developing rapidly, AI agents are projected to do much of the work on behalf of consumers, which involves not only product/service comparisons, but also making transactional decisions. Online travel firms are developing ‘AI-powered travel budd[ies]’ that will be entrusted with customers’ credit cards and make the […]
Dominik Światkowski, ‘Mechanisms for resolving online copyright disputes: a comparative analysis of EU and common law systems in search of an optimal model’
INTRODUCTION The rapid growth of platforms hosting and disseminating user-generated content has rendered disputes over online copyright infringement a matter of central importance. Alongside judicial proceedings, a range of out-of-court mechanisms operate in practice, including notice-and-takedown and complaint-and-redress procedures. While these mechanisms are often viewed as mere administrative tools, they in fact constitute a procedural […]
Pravalika Surakanti, ‘Fading Prestige: A Comparative Analysis of Trademark Dilution’s Impact on Luxury Fashion Brands in the United States and European Union’
ABSTRACT The paper focuses on the concept of trademark dilution in relation to luxury fashion brands in international markets. Focusing on the United States and the European Union, it will look at the different approaches these regions take and how certain holdups in dilution law affect fashion companies’ global brand protection strategies. The paper looks […]
Kramer, Ucin and Dori, ‘Challenges to access to civil justice in Europe’
ABSTRACT The right of access to justice, as guaranteed by human right conventions, has evolved under the influence of the changing role of the state. This chapter examines recent trends and assesses how access to justice plays out in EU policy and legislation in the area of civil justice. After delving into policy considerations it […]