European Review of Private Law最新文献_第7页

Better Regulation for a Data Economy? 数据经济需要更好的监管?

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European Review of Private Law Pub Date : 2021-10-01 DOI: 10.54648/erpl2021037

M. Storme

引用次数: 0

Consumer Protection: The Interaction Between Written and Unwritten Law 消费者保护:成文法与不成文法的互动

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European Review of Private Law Pub Date : 2021-09-01 DOI: 10.54648/erpl2021033

Minie Andersen

{"title":"Consumer Protection: The Interaction Between Written and Unwritten Law","authors":"Minie Andersen","doi":"10.54648/erpl2021033","DOIUrl":"https://doi.org/10.54648/erpl2021033","url":null,"abstract":"The scope of consumer protection according to both written and unwritten law is assessed through an analysis of court decisions and decisions of the Consumer Complaints Board in Danish law with references to other Scandinavian law and to EU case law. The article analyses consumer protection in Scandinavian contract law according to general principles of interpretation and statutory law in the form of national legislation implementing Article 5 of Directive 93/13/EEC on unfair terms in consumer contracts. The so-called (larger) general clause of invalidity in the form of section 36 of the relevant national Contracts Acts is included as it greatly influences interpretation in Scandinavian contract law. The analysis involves a discussion of interpretation as a legal source in Scandinavian contract law, and a presentation of the Scandinavian consumer complaints board system with an emphasis on the Danish system. It is argued that the (traditional) general principles of interpretation in contract law play an important role as a supplement to written law in the aim of consumer protection, and that both courts and the Consumer Complaints Boards seem to operate with protection of consumers as a relevant underlying legal basis when interpreting consumer contracts. Both general rules of interpretation and the underlying legal basis (in the form of i.a. non-mandatory rules and customs) thereby seem to enhance consumer protection in Scandinavian contract law.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45642162","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

Book Review: Thomas Möllers, Legal Methods. How to Work with Legal Arguments 书评:托马斯Möllers，《法律方法》。如何处理法律论据

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European Review of Private Law Pub Date : 2021-09-01 DOI: 10.54648/erpl2021036

J.B. Lemaire

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Book Review: Patrick Kinsch, Le rôle du politique en droit international privé (Cours général de droit international privé) 书评:帕特里克·金斯基，政治在国际私法中的作用(国际私法一般课程)

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European Review of Private Law Pub Date : 2021-09-01 DOI: 10.54648/erpl2021035

Tamás Szabados

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Die Aktualisierungspflicht des Letztverkäufers für Smart Products: Ein neues haftungsrechtliches Damoklesschwert? 这位聪明资产销售员的要求是:新含风险的剑?

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European Review of Private Law Pub Date : 2021-09-01 DOI: 10.54648/erpl2021029

A. Janssen

引用次数: 0

The Nature of the Beneficiary’s Interest in English, Japanese and Quebec Trusts 受益人在英语、日语和魁北克信托中的利益性质

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European Review of Private Law Pub Date : 2021-09-01 DOI: 10.54648/erpl2021032

Joyman Lee

引用次数: 0

EU Law and Procedural Autonomy in International Commercial Arbitration 欧盟法律与国际商事仲裁中的程序自治

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European Review of Private Law Pub Date : 2021-09-01 DOI: 10.54648/erpl2021031

Jack D Brett

{"title":"EU Law and Procedural Autonomy in International Commercial Arbitration","authors":"Jack D Brett","doi":"10.54648/erpl2021031","DOIUrl":"https://doi.org/10.54648/erpl2021031","url":null,"abstract":"This article examines the impact of EU law in international commercial arbitration. EU law has become increasingly relevant in the world of commercial arbitration and while this may not at first seem to be a problem, this article argues that EU law has a distinctive nature which makes it fundamentally incompatible with the arbitral legal order. In effect, the EU legal order has developed on the basis of a direct trilateral relationship between disputes involving EU law, national courts and the European Court. When we are concerned with ordinary judicial proceedings, this relationship is classically supported by the ‘principle of effectiveness’ identified in the case-law of the European Court, which requires national procedures to enable individuals to bring claims based on EU law. Crucially, however, the procedural demands that could be made by the EU legal order are limited by the twin ‘principle of national procedural autonomy’, meaning the Court refrains from directly prescribing modalities for access to national courts and leaves discretion for States to set procedures. Contrasting with this analytical framework, it is here argued that once claims based on EU law fall within the sphere of arbitration, the principle of national procedural autonomy is inoperative and the EU legal order can dictate the terms of review. It is submitted that the effectiveness of EU law is assured not by the standard principle of effectiveness but by the principle of effective judicial protection, thus securing the procedural primacy of EU law in the arbitral legal order.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43047463","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 Right to Safe Transport + Air Passenger Rights After COVID-19 2019冠状病毒病后的安全运输权+航空旅客权利

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European Review of Private Law Pub Date : 2021-09-01 DOI: 10.54648/erpl2021034

Wouter Verheyen, Julia Hörnig

{"title":"The Right to Safe Transport + Air Passenger Rights After COVID-19","authors":"Wouter Verheyen, Julia Hörnig","doi":"10.54648/erpl2021034","DOIUrl":"https://doi.org/10.54648/erpl2021034","url":null,"abstract":"The coronavirus crisis has been extremely disruptive for the international passenger transportation market. It has also triggered a major legal disruption in the field of passenger rights. In recent decades, the focus of air passenger policy has largely shifted from safety to rights in case of delay and cancellation, a change predominantly induced by the EU. COVID-19 has led to a major paradigm shift, with safety again becoming the number one policy target. Passengers have a wide range of tools to enforce their rights to timely travel and these remedies have made an effective contribution to a reduction in delays and cancellations in air transport. Passengers’ remedies in case of unsafe transport seem largely limited to the possibility of bringing an action in case of bodily injury, lésion corporelle, based on the Montreal Convention (MC). This contribution aims firstly to evaluate the effectiveness of this remedy as a preventive tool for increasing passenger safety. Secondly, it aims to assess the impact of COVID-19 on existing passenger rights in respect of cancellation and delay, as well as the impact of existing passenger rights policy on airlines’ operational margin for enhanced safety management. Based on this analysis, we aim to make recommendations for a more effective model for the protection of passengers’ safety, while at the same time embedding safety in the existing passenger rights policy instead of overriding it. Sommaire: La crise du coronavirus a extrêmement perturbé le marché du tra","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43654371","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

Causation in Civil Law and the Problems of Transparency in AI 民法中的因果关系与人工智能中的透明度问题

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European Review of Private Law Pub Date : 2021-09-01 DOI: 10.54648/erpl2021030

Sylwia Wojtczak, Paweł Księżak

引用次数: 1

Some Considerations on the Material Scope of the New Digital Content Directive: Too Much to Work Out for a Common European Framework 关于新数字内容指令的材料范围的一些考虑:制定一个共同的欧洲框架太多了

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European Review of Private Law Pub Date : 2021-07-01 DOI: 10.54648/erpl2021026

Ignacio Fernández Chacón

{"title":"Some Considerations on the Material Scope of the New Digital Content Directive: Too Much to Work Out for a Common European Framework","authors":"Ignacio Fernández Chacón","doi":"10.54648/erpl2021026","DOIUrl":"https://doi.org/10.54648/erpl2021026","url":null,"abstract":"The aimof this article is to analyse some of themain issues regarding thematerial scope of the new Directive 2019/770/EU on certain aspects concerning contracts for the supply of digital content and digital services. It focuses on the concept of digital content and services and on the changes made to the rules laid down in Directive 2011/83/EU on consumer rights. To this end, it pays particular attention to the treatment of digital content depending on whether or not it is supplied in a tangible medium and to the identification of the rules applicable in each case. It also addresses the exclusion of so-called goods with digital elements from the scope of Directive 2019/770, the requirements for such exclusion and the legal regime applicable to such goods under the new Sales Contract Directive 2019/771/EU. Finally, it analyses the novel inclusion of the so-called ‘free contracts’ within the scope of Directive 2019/770 where the counter performance of the consumer consists solely in providing personal data in exchange for digital content or services supplied, the exceptions to that inclusion in viewof the formthrough which such data are collected and its problematic interaction with the General Data Protection Regulation 2016/679/EU.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44559943","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: 1