European Review of Private Law最新文献_第2页

The Five Shades of the Interplay in Horizontal Litigation Between the General Principles of EU Law on Non-discrimination and Directives 欧盟非歧视法一般原则与指令在横向诉讼中相互作用的五种阴影

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European Review of Private Law Pub Date : 2022-09-01 DOI: 10.54648/erpl2022024

{"title":"The Five Shades of the Interplay in Horizontal Litigation Between the General Principles of EU Law on Non-discrimination and Directives","authors":"","doi":"10.54648/erpl2022024","DOIUrl":"https://doi.org/10.54648/erpl2022024","url":null,"abstract":"Amid the various forms of the interplay between the general principles and directives, the contribution rather deals with its five shades by focusing the main role of the directives in the legal effects of the combination of general principles and directives on horizontal litigation before the national courts in order to shed light on certain characteristics of the already very complicated Mangold line of case law, particularly arising from occasionally perplexed understanding of interaction between the general principles of EU law and directives. In that regard, it precisely examines, within the context of horizontal direct effect of the principle of non-discrimination in EU law, the role of directives in that interplay as an instrument to render the general principles of EU law applicable, to establish the existence of the general principles of EU law, to justify/exemplify the existence of the general principles of EU law, to infer from which the substantive content of the general principles of EU law and to ascertain whether the (un)conditional nature of the general principles of EU law or principles in the sense of Article 52(5) of the Charter of the Fundamental Rights of the European Union.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43093319","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Testing the Unfairness of Interest Rate Amendment Clauses in Revolving Consumer Loans 循环消费贷款利率修正条款的不公平性检验

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European Review of Private Law Pub Date : 2022-09-01 DOI: 10.54648/erpl2022027

C. Spierings

{"title":"Testing the Unfairness of Interest Rate Amendment Clauses in Revolving Consumer Loans","authors":"C. Spierings","doi":"10.54648/erpl2022027","DOIUrl":"https://doi.org/10.54648/erpl2022027","url":null,"abstract":"Institutions that provide credit to consumers have usually included a clause in the loan documentation that allows the credit provider to unilaterally amend the applicable interest rate. Over the past years, these clauses and the way they have been used has come under increased scrutiny. This article charts a number of relevant developments and identifies focus points for the future. Under Dutch law, consumers claim that these clauses are unreasonably onerous and should be invalidated. Dutch courts have to take into account the supranational origin of this provision. The Dutch Hoge Raad (Supreme Court) has given some guidance on the assessment of such clauses in consumer mortgage loans, but has given no principled ruling. In the assessment of the unfairness of an interest rate amendment clause, it is key whether the negative consequences for consumers of these clauses are balanced by the consumer’s contractual rights. Setting aside an interest rate amendment clause can have far reaching consequences, especially if the contract cannot survive without this clause. While the Dutch landscape is still evolving, the German Bundesgerichtshof (Federal Court of Justice) solves this through supplementary interpretation of the contract. It is debatable whether this practice is compatible with European Court of Justice (ECJ) case law. In conclusion, it is noted that the discussion about the unfairness of interest rate amendment clauses should take place in the wider context of both interpretation of the clause and the banks’ duty of care when supplying revolving consumer loans.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44500577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Quo Vadis? Export Credit Regulation After Corona: State Aid, WTO Export Subsidies Laws and the Arrangement 君在何处?冠状病毒后的出口信贷管制:国家援助、WTO出口补贴法与安排

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European Review of Private Law Pub Date : 2022-09-01 DOI: 10.54648/erpl2022022

Bob Jennekens

引用次数: 1

The Coronacrisis and Its Impact on Creditors: Frustration of Purpose Coronarisis及其对债权人的影响：目的的挫败

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European Review of Private Law Pub Date : 2022-09-01 DOI: 10.54648/erpl2022020

Tom Hick

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Rethinking the Instrumentality of European Private Law 对欧洲私法工具性的再思考

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European Review of Private Law Pub Date : 2022-09-01 DOI: 10.54648/erpl2022023

{"title":"Rethinking the Instrumentality of European Private Law","authors":"","doi":"10.54648/erpl2022023","DOIUrl":"https://doi.org/10.54648/erpl2022023","url":null,"abstract":"This article challenges the view that European Union private law (EPL) is inherently instrumental, due to its role in achieving the EU Treaties’ goals, such as completing the internal market. In particular, we claim that characterizing EPL as instrumental, and contrasting it to national private laws in that regard, misses the mark. This is because, contrary to national private laws, it is only a partial legal order. Accordingly, theoretical approaches to private law and its goals that have been devised for complete legal orders cannot apply to EPL, which is not self-standing and needs to be complemented by national private law concepts, in line with the EU principle of national autonomy. Moreover, even if taken on its own, EPL is not particularly instrumental. On the one hand, many of its provisions can be interpreted as applying non-instrumental considerations, such as personal autonomy and interpersonal justice. On the other hand, the European Court of Justice often uses non-instrumental concepts when adjudicating private law disputes and is not focused solely on implementing the public goals of the Treaties. In view of these facts, commentators should be careful when asserting that EPL is particularly instrumental, when compared to national private laws.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49648142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

10 Years of Application of the Polish Act on Private International Law of 2011 2011年波兰国际私法的适用十年

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European Review of Private Law Pub Date : 2022-09-01 DOI: 10.54648/erpl2022029

Paulina Twardoch, Agata Kozioł

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Book Review: Elise Bant, Wayne Courtney, James Goudkamp & Jeannie Marie Paterson (Eds), Punishment And Private Law, Reviewed By Giuseppe Portonera. Hart Publishing. 2021. 书评:Elise Bant, Wayne Courtney, James Goudkamp & Jeannie Marie Paterson(编辑)，《惩罚与私法》，Giuseppe Portonera评论。哈特出版社，2021。

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European Review of Private Law Pub Date : 2022-09-01 DOI: 10.54648/erpl2022025

引用次数: 0

Editorial: Der Robo-Richter auf dem Vormarsch in Europa? 发明家往欧洲走过来?

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European Review of Private Law Pub Date : 2022-09-01 DOI: 10.54648/erpl2022026

A. Janssen

引用次数: 0

Covid-19 and Long-Term Contracts 新冠肺炎和长期合同

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European Review of Private Law Pub Date : 2022-09-01 DOI: 10.54648/erpl2022021

V. Mak

引用次数: 0

Editorial: On Various Shades Of Multi-Level Law 社论：关于多层次法律的不同层面

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European Review of Private Law Pub Date : 2022-09-01 DOI: 10.54648/erpl2022019

M. Storme

引用次数: 0