European Review of Private Law最新文献_第8页

On the Usefulness of Default Rules and Disproportionate Sanctions in Consumer Law 论消费者法中违约规则与不当制裁的效用

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European Review of Private Law Pub Date : 2021-07-01 DOI: 10.54648/erpl2021020

M. Storme

引用次数: 0

Rethinking the Need for Commercial Trusts in Civil Law Jurisdictions 对大陆法系商事信托必要性的再思考

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European Review of Private Law Pub Date : 2021-07-01 DOI: 10.54648/erpl2021024

Gökçe Kurtulan Güner

引用次数: 0

Unfair Terms and Supplementation of the Contract 不公平条款与合同补充

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European Review of Private Law Pub Date : 2021-07-01 DOI: 10.54648/erpl2021023

M. Farina

引用次数: 1

Book Review: Thomas Kadner Graziano, Comparative Tort Law. Cases, Materials and Exercises, Abingdon: Routledge, 2018 书评：托马斯·卡德纳·格拉齐亚诺，比较侵权法。案例、材料和练习，阿宾顿：劳特利奇，2018

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European Review of Private Law Pub Date : 2021-07-01 DOI: 10.54648/erpl2021027

M. Infantino

引用次数: 0

The EU’s New Directives on Digital Contracts, and Artificial Intelligence: Really Future Proof? 欧盟关于数字合同和人工智能的新指令：真的经得起未来考验？

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European Review of Private Law Pub Date : 2021-07-01 DOI: 10.54648/erpl2021021

R. Gellert

{"title":"The EU’s New Directives on Digital Contracts, and Artificial Intelligence: Really Future Proof?","authors":"R. Gellert","doi":"10.54648/erpl2021021","DOIUrl":"https://doi.org/10.54648/erpl2021021","url":null,"abstract":"In 2019 the European Union adopted two key Directives on consumer protection with regard to digital contracts: the Directive on the supply of digital content and digital services (2019/770, hereinafter DCD), and the Directive on the online sale of goods (2019/ 771, hereinafter SGD). The European Commission has meant these Directives to be futureproof, which is the reason why the range of digital content under the scope of the DCD is as broad as possible, and the SGD applies to so-called ‘goods with digital elements’.\u0000Yet, and in-spite of this future-proof ambition, no mention is made of what is probably the most pressing current technology: artificial intelligence (AI). This technology presents a number of important challenges as underscored by the European Commission in its recent White Paper on AI. Yet, they do not seem to have been taken into account by the Directives.\u0000This contribution therefore tries to apply the challenges identified by the Commission in the context of product safety and liability to these Directives with a focus on the DCD. It shows that it presents a number of important challenges, in particular as far as provision on conformity, remedies, or liability are concerned. Ultimately, it raises the question as to whether these Directives are able to deal with AI.","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":"42216935","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 Franco-German Common Optional Matrimonial Property Regime: A Guide for Future European Harmonization 法德共同可选婚姻财产制度：未来欧洲协调的指南

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European Review of Private Law Pub Date : 2021-07-01 DOI: 10.54648/erpl2021025

Hannelore Thijs

{"title":"The Franco-German Common Optional Matrimonial Property Regime: A Guide for Future European Harmonization","authors":"Hannelore Thijs","doi":"10.54648/erpl2021025","DOIUrl":"https://doi.org/10.54648/erpl2021025","url":null,"abstract":"In 2010, France and Germany introduced a common optional matrimonial property regime of participation in acquisitions in both countries. One of its goals was to establish European harmonization, up until then a rare occurrence in the broad field of family law. The harmonization journey was continued by Belgium in 2018, when the Franco-German agreement was taken over in the Belgian Civil Code. This article evaluates the Franco-German regime from both an internal and an external point of view in order to determine the success of this operation. In the internal analysis, the regime will be presented as a modern and balanced compromise between the French and German domestic participation in acquisition regimes. In the external analysis, the regime will be qualified as a legal transplant in Belgium that at this moment in time does not survive the operation. Despite this seemingly negative evaluation, the regime may still increase its success rate, provided all actors involved take the required measures. In any case, the regime should be welcomed as harmonization initiative, considering that new projects may learn from its successes as well as from its stumbling blocks.","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":"48636056","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

Liability of Parents Due to Actions Which Endanger Their Children 父母对伤害子女行为的责任

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European Review of Private Law Pub Date : 2021-07-01 DOI: 10.54648/erpl2021028

J.H.G. Verweij-Hoogendijk

引用次数: 0

Legal Ignorance in Italian Private Law 意大利私法中的法律无知

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European Review of Private Law Pub Date : 2021-04-01 DOI: 10.54648/erpl2021015

Noah Vardi, V. Zeno-Zencovich

引用次数: 0

Legal Ignorance in the Netherlands 荷兰的法律无知

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European Review of Private Law Pub Date : 2021-04-01 DOI: 10.54648/erpl2021016

A. Verheij, Emil F. Verheul, Grietje T. De Jong

{"title":"Legal Ignorance in the Netherlands","authors":"A. Verheij, Emil F. Verheul, Grietje T. De Jong","doi":"10.54648/erpl2021016","DOIUrl":"https://doi.org/10.54648/erpl2021016","url":null,"abstract":"This contribution considers the role of legal ignorance in Dutch private law. After a short description of the debate on legal ignorance by Dutch scholars, the article focuses on three areas: contract law, tort law and limitation periods.\u0000With respect to contract law, this article shows that courts allow for the nullification of a contract due to mistake of law in special circumstances: when the mistaken party was a foreigner or illiterate or when the other party was an expert who gave misinformation about relevant legal provisions.\u0000In the field of tort law, the article first examines case law in which public bodies were held liable for unforeseeable case law by the highest administrative court. It is argued that these decisions should be viewed as a manifestation of the fact that court decisions on liability have retroactive effect. Second, in relation to survival of claims for non-pecuniary losses, it is submitted that the Supreme Court seems to interpret notifications by relatives of the deceased victim generously in order to protect them against their legal ignorance.\u0000The article then examines case law by the Supreme Court that holds that legal ignorance does not preclude the commencement of prescription periods. However, when wrongful (legal) advice results in a loss, the Supreme Court ruled that the prescription period governing the client’s claim does not start running immediately because he will initially rely on the correctness of the advice. Regarding expiration periods and legal ignorance, the Supreme Courts seems to make a distinction between contractual and statutory expiration periods.\u0000The article concludes by considering the prospects for legal development in this area. It is argued the question who should bear the costs of legal ignorance is a matter of risk distribution. Where the risk lies, should depend on the weighing of various factors by the courts, notably the nature of the respective parties and of the interests involved and whether or not the legally ignorant person can claim compensation from a third party such as an attorney or an insurer.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44296960","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

Legal Ignorance in Belgian Private Law 比利时私法中的法律无知

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European Review of Private Law Pub Date : 2021-04-01 DOI: 10.54648/erpl2021011

Ilse Samoy, E. Terryn, Frederik Peeraer, François Auvray, Paul Verbiest

{"title":"Legal Ignorance in Belgian Private Law","authors":"Ilse Samoy, E. Terryn, Frederik Peeraer, François Auvray, Paul Verbiest","doi":"10.54648/erpl2021011","DOIUrl":"https://doi.org/10.54648/erpl2021011","url":null,"abstract":"Legal ignorance typically refers to a situation where one is ignorant of the existence of a certain legal prescript or is ignorant of the precise understanding of a prescript or its consequences.\u0000In Belgian law, there is no general provision dealing with legal ignorance or its effects. In principle, one cannot escape the application of law based on the mere fact that one does not know the law or its consequences. However, in specific situations Belgian law and case law deviate from this basic principle, provided that strict conditions are fulfilled.\u0000The authors of this article report on the application of the concept of legal ignorance in the areas of contract law, tort law and prescription.\u0000As for contract law, the article examines whether a mistake as to the law may qualify as an excusable error leading to the nullification of a contract. Although the Cour de Cassation applies a very strict interpretation and states that mere legal ignorance cannot be an excusable error, some lower courts seem to apply a more lenient interpretation. In tort law, the starting point remains that mere legal ignorance is not excusable. To escape liability despite the infringement of a specific rule, one will have to overcome the difficult task of proving that the mistake was ‘unavoidable’. Lastly, the general provision for prescription periods does not deal explicitly with the issue of legal ignorance. In principle it is not necessary that the person subject to prescription is aware of the fact that the prescription started to run. In specific situations, some statues and case law deviate from this principle.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45164649","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