European Review of Private Law最新文献_第6页

Land Registration Systems & Discourses of Property 土地登记制度与财产话语

IF 0.3

European Review of Private Law Pub Date : 2021-12-01 DOI: 10.54648/erpl2021044

Flora Vern

{"title":"Land Registration Systems & Discourses of Property","authors":"Flora Vern","doi":"10.54648/erpl2021044","DOIUrl":"https://doi.org/10.54648/erpl2021044","url":null,"abstract":"This article discusses the relations between land registration systems and underlying discourses of property from a comparative perspective. It is based on the example of French law which, characteristically, uses a declaratory land recordation system, i.e., registration is informative in nature, it affects the rules of evidence but it does not convey property nor does it affect complete strangers in any way. It is found that such a system implies that people will need to prove their ownership of land, and therefore presupposes rules of evidence which are based on possession or title to possess, since land registration is not used for that purpose. The historical reason for this choice was inherited from the French Revolution. It rests on the idea that property is held from no one, least of all from the State. Most countries in the world have opted for a land registration system which is constitutive of title, meaning that the State guarantees the registered owner’s title to land. This system was originally inherited from the remnants of the feudal system in which land was held through a tenure, i.e., from someone else. This conception of ownership also traditionally implies a greater tolerance – in legal discourse – for legislative or State interference in the ownership of land which is merely granted by public authority. It may therefore be said that the more efficient the title, the less absolute ownership seems to be, at least in the collective imagination of lawyers as to what property entails.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46333016","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

Rechtsvergleichung ist kein Hobby: Das Beispiel des „anticipatory breach“ in Belgien 相互比较不是一种爱好:比利时的安迪突破

IF 0.3

European Review of Private Law Pub Date : 2021-12-01 DOI: 10.54648/erpl2021043

A. Janssen

引用次数: 0

The Foundations of the Unworthy Heir Rule in Romania 罗马尼亚“不配继承人”统治的基础

IF 0.3

European Review of Private Law Pub Date : 2021-12-01 DOI: 10.54648/erpl2021047

Mircea Dan Bob-Bocșan, Anthony D. Murphy

{"title":"The Foundations of the Unworthy Heir Rule in Romania","authors":"Mircea Dan Bob-Bocșan, Anthony D. Murphy","doi":"10.54648/erpl2021047","DOIUrl":"https://doi.org/10.54648/erpl2021047","url":null,"abstract":"Within the Civilian legal tradition, the unworthy heir rule has been established on both objective and subjective grounds. In France, the Code Napoleon enshrined said rule as a creation of law, without the deceased having any say in its operation. The Napoleonic model was later borrowed into the civil codes of Italy and Romania, thus expanding the doctrine of an objective unworthiness to their legal systems. Nevertheless, the Romanian Civil Code of 2009 empowered the deceased to remove said penalty through an explicit pardon. Since this new prerogative is a distinctive feature of the subjective foundation, the reform has rather significant implications for Romanian succession law. Essentially, the authors argue that the unworthy heir rule has always been founded upon a mixture of public policy and private interest, with the only variable being the dominating factor. Within the broader field of succession law, the legislator aims to achieve balance between the imperative nature of public policy and freedom of testation on the one hand, and between the private interests of the deceased and his family on the other. Whilst the Civil Code of 2009 does restore the Roman notion of an unworthiness subordinated to the deceased’s intention, it also preserves the public policy foundation. Its real merit consists of acknowledging that the very concept of inheritance is based upon the presumed intention of the deceased: an unworthy heir forfeits his right to inherit the deceased as a result of breaching the bond of affection which is presumed to exist between them, yet only the latter can have the final say in this matter. In contrast, the Civil Code of 1864 failed to achieve such a balance since it transplanted an ideologized public policy, residue of the French Revolution.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48286044","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

Contractual Performance, Breach of Contract and Contractual Obligations in Times of Crisis: On the Need for Unification and Codification in European Contract Law 危机时期的合同履行、违约与合同义务——论欧洲合同法的统一与编纂

IF 0.3

European Review of Private Law Pub Date : 2021-12-01 DOI: 10.54648/erpl2021045

Valentin Jentsch

{"title":"Contractual Performance, Breach of Contract and Contractual Obligations in Times of Crisis: On the Need for Unification and Codification in European Contract Law","authors":"Valentin Jentsch","doi":"10.54648/erpl2021045","DOIUrl":"https://doi.org/10.54648/erpl2021045","url":null,"abstract":"The sanctity of contracts, a guiding principle of contract law in civil law systems, requires that both or all contracting parties be expected to meet their contractual obligations, thereby ensuring efficacy and efficiency of private ordering. Under extraordinary circumstances, however, legal systems provide for mechanisms, which may excuse contractual performance or lead to adaption or termination of contractual obligations. Since the coronavirus pandemic, these mechanisms have clearly gained traction. Drawing on five important civil law jurisdictions (Germany, Austria, Switzerland, France, Italy), this article elaborates on excuses of contractual performance and remedies for breach of contract and on adaption or termination of contractual obligations. The article aims to address the fundamental questions, whether these excuses and remedies and institutions on adaption or termination still serve their purpose in times of pandemic or whether and to what extent a uniform breach of contract action or a codification of such institutions is needed in European Contract Law. A functional and comparative approach is used to unfold and analyse these timeless questions from a contemporary perspective.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49340822","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

Key Features of Private Foundations in a Comparative Law Approach: With Special Emphasize on Asset Management 比较法视野下私人基金会的主要特征：特别强调资产管理

IF 0.3

European Review of Private Law Pub Date : 2021-12-01 DOI: 10.54648/erpl2021046

I. Sândor

引用次数: 0

Ownership Of Databases: Personal Data Protection And Intellectual Property Rights On Databases 数据库的所有权:个人数据保护与数据库的知识产权

IF 0.3

European Review of Private Law Pub Date : 2021-10-01 DOI: 10.54648/erpl2021039

Gemma Minero Alejandre

引用次数: 2

A Consumer Law Perspective on the Commercialization of Data 数据商业化的消费者法视角

IF 0.3

European Review of Private Law Pub Date : 2021-10-01 DOI: 10.54648/erpl2021038

Franciszek Lech, M. Durovic

引用次数: 0

What Can We Do with the Data of Deceased People? A Normative Proposal 我们能对死者的数据做些什么？规范性建议书

IF 0.3

European Review of Private Law Pub Date : 2021-10-01 DOI: 10.54648/erpl2021041

Í. de Miguel Beriain, A. Duardo-Sánchez, José Antonio Castillo Parrilla

{"title":"What Can We Do with the Data of Deceased People? A Normative Proposal","authors":"Í. de Miguel Beriain, A. Duardo-Sánchez, José Antonio Castillo Parrilla","doi":"10.54648/erpl2021041","DOIUrl":"https://doi.org/10.54648/erpl2021041","url":null,"abstract":"The health and genetic data of deceased people are a particularly important asset in the field of biomedical research. However, in practice, using them is complicated, as the legal framework that should regulate their use has not been fully developed yet. The General Data Protection Regulation (GDPR) is not applicable to such data and the Member States have not been able to agree on an alternative regulation. Recently, normative models have been proposed in an attempt to face this issue. The most wellknown of these is posthumous medical data donation (PMDD). This proposal supports an opt-in donation system of health data for research purposes. In this article, we argue that PMDD is not a useful model for addressing the issue at hand, as it does not consider that some of these data (the genetic data) may be the personal data of the living relatives of the deceased. Furthermore, we find the reasons supporting an opt-in model less convincing than those that vouch for alternative systems. Indeed, we propose a normative framework that is based on the opt-out system for non-personal data combined with the application of the GDPR to the relatives’ personal data.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47234999","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

The Quality of Life: Protecting Non-personal Interests and Non-personal Data in the Age of Big Data 生活质量：大数据时代保护非个人利益和非个人数据

IF 0.3

European Review of Private Law Pub Date : 2021-10-01 DOI: 10.54648/erpl2021040

B. van der Sloot

{"title":"The Quality of Life: Protecting Non-personal Interests and Non-personal Data in the Age of Big Data","authors":"B. van der Sloot","doi":"10.54648/erpl2021040","DOIUrl":"https://doi.org/10.54648/erpl2021040","url":null,"abstract":"Under the current legal paradigm, the rights to privacy and data protection provide natural persons with subjective rights to protect their private interests, such as related to human dignity, individual autonomy and personal freedom. In principle, when data processing is based on non-personal or aggregated data or when such data processes have an impact on societal, rather than individual interests, citizens cannot rely on these rights. Although this legal paradigm has worked well for decades, it is increasingly put under pressure because Big Data processes are typically based indiscriminate rather than targeted data collection, because the high volumes of data are processed on an aggregated rather than a personal level and because the policies and decisions based on the statistical correlations found through algorithmic analytics are mostly addressed at large groups or society as a whole rather than specific individuals. This means that large parts of the data-driven environment are currently left unregulated and that individuals are often unable to rely on their fundamental rights when addressing the more systemic effects of Big Data processes. This article will discuss how this tension might be relieved by turning to the notion ‘quality of life’, which has the potential of becoming the new standard for the European Court of Human Rights (ECtHR) when dealing with privacy related cases.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43272841","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

The Legal Regulation of Digital Wealth: Commerce, Ownership and Inheritance of Data 数字财富的法律规制:数据的商业、所有权和继承

IF 0.3

European Review of Private Law Pub Date : 2021-10-01 DOI: 10.54648/erpl2021042

José Antonio Castillo Parrilla

引用次数: 0