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LAW (691 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 19)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
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Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
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Appeal : Review of Current Law and Law Reform     Open Access  
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Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 2)
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Časopis pro právní vědu a praxi     Open Access  
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Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
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College Athletics and The Law     Hybrid Journal   (Followers: 1)
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Comparative Law Review     Open Access   (Followers: 40)
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Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 34)
Conflict Trends     Full-text available via subscription   (Followers: 8)
Cornell Law Review     Open Access   (Followers: 7)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 2)
Cuadernos de Historia del Derecho     Open Access   (Followers: 5)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 25)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription  
Deakin Law Review     Full-text available via subscription   (Followers: 15)
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Democrazia e diritto     Full-text available via subscription   (Followers: 1)
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DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
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Der Staat     Full-text available via subscription   (Followers: 13)
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Dike     Open Access  
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Diritto penale contemporaneo     Free   (Followers: 2)
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Droit et Cultures     Open Access   (Followers: 6)
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Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 6)
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Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 21)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 17)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 24)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 3)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 4)
European Law Journal     Hybrid Journal   (Followers: 121)
European Public Law     Full-text available via subscription   (Followers: 32)
European Review of Contract Law     Hybrid Journal   (Followers: 21)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 2)
Evaluation Review     Hybrid Journal   (Followers: 13)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 8)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
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FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 21)
George Washington Law Review     Free   (Followers: 7)
Georgia Law Review     Open Access   (Followers: 1)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 7)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)
Golden Gate University Law Review     Open Access   (Followers: 2)
Grey Room     Hybrid Journal   (Followers: 14)
Griffith Law Review     Hybrid Journal   (Followers: 12)
GSTF Journal of Law and Social Sciences     Open Access   (Followers: 2)

        1 2 3 4 | Last

Journal Cover European Review of Private Law
  [29 followers]  Follow
    
   Full-text available via subscription Subscription journal  (Not entitled to full-text)
   ISSN (Online) 0928-9801
   Published by Kluwer Law International Homepage  [20 journals]
  • Introduction
    • Abstract:
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Luboš Tichý
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • Trust in Quebec and Czech Law: Autonomous Patrimonies'
    • Abstract: The aim of this article is to provide an overview of the history and the controversies surrounding the nature of the Quebec trust, with the purpose of shedding light on the choices made by the Czech legislator. By articulating why the Quebec legislator chose patrimony by appropriation as the new vehicle for the trust rather than legal personality or a relational regime, it will be demonstrated that if the trust is now a fundamental legal institution in the law of Quebec, it is not without difficulty. The trust as patrimony by appropriation has indeed caused major transformations in Quebec’s understanding of rights and obligations. As it will be argued, it might be that the Czech legislator, in order to fully accommodate the trust as a patrimony by appropriation, has to relativize the absolute nature of property rights.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Alexandra Popovici, Researcher at the Paul-André Crépeau Centre for Private.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • Trusts and Ownership: A Common Law Perspective
    • Abstract: In the trust institution introduced by the new Czech Civil Code, ‘ownership’ of trust ‘property’ is vested in no-one. What motivates this provision seems to be the view that the common law trust involves a division of ownership, but that such is prohibited in Czech law generally. The purpose of this article is to demonstrate that the idea of the common law trust involving a division of ownership is false. Indeed, English law does not even have a concept of ownership. It instead deals with rights, but even so, these rights are not split when held on trust. The question is how, if at all, these insights can help us understand the newly introduced Czech trust. The conclusion which is reached is that when the Czech Civil Code provides that the trust property is owned by no-one, it simply means that it is not held beneficially by anyone. The property is not, as might seem at first sight, res nullius.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      William Swadling, Reader in the Law of Property, University of Oxford.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • Dutch Trusts and Trust-Like Arrangements
    • Abstract: Although the trust, as such, is not a legal concept in Dutch law and is difficult to fit into the current Dutch legal framework, there are certain Dutch legal concepts that share characteristics of a trust or that share the functionality of the trust. In this contribution, the subject matter of trusts in Dutch law is approached both from the perspective of trust characteristics as well as from the perspective of the functionality of the trust as a concept. This research is not only of interest for academic purposes, but also in the context of potential future legislation introducing the trust into Dutch law. We conclude that there is no fundamental objection against the introduction of the trust or new trust-like concepts in Dutch law. The introduction of a trust as a general concept would, however, require a substantial change of law.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Wino J.M. van Veen, Professor in company law and law on legal persons, VUUniversityAmsterdam.
      Hjalmar M.C. Duin, LLM is a PhD candidate at VU Amsterdam at the ZIFO.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • Trust as a Legislative Challenge: Bipolar Relation vs Quasi-Corporate
           Status' – Basic Trust Models in Legal Practice, Theory, and
           Legislation
    • Abstract: Trust is a multifaced and enigmatic legal construction. The recent reform of trust law in the Czech Republic is based on a very demanding legal concept, obviously linked with the “fiducie” model in the Law of Québec. In contrast, the legal community in Germany has to cope with trust issues on the basic of very few and simple Civil Code provisions under the law of obligations. This concept has, however, has proved to be fruitful producing three elementary types of trust constructions: (a) simple bipolar mandate agreements, (b) trust agreements in the benefit of third persons, and (c) complex trust organisations serving as quasi-legal bodies. The Czech trust law, recently enacted in ss. 1400 et seqq., is appropriate for the third (most complicated) type c of trust construction. It may, however, fall short as far as simple trust agreements (a, b) are concerned. The German law, on the other hand, has to cope with a noticeable drawback regarding type c: the lack of transparency of trust based quasi-entities.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Karsten Schmidt, Professor of Business and Corporate Law at Bucerius Law School, Hamburg
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • The Rule in Saunders v. Vautier and the Czech Trust Law
    • Abstract: The Saunders v Vautier principle is one of the most fundamental principles of English trust law. Several scholars have addressed the prudence of civil law countries incorporating this principle when adopting trust-like instruments. More importantly for the Czech Republic, some remarks on this issue have been made in Québec - the jurisdiction which, to an extent, served as an inspiration for the Czech legislator when drafting the Czech trust-like instrument. Unfortunately, the debate on the topic is almost non-existent in the Czech Republic. This article discusses whether, as a result of the principle of Saunders v Vautier, the beneficiaries of the Czech trust-like instrument have similar rights to those of the beneficiaries of the English trust. It is suggested that it is not only civil law countries, but also some common law countries, that do not fully respect this principle. Therefore, there clearly exists a diversity of opinion regarding the question of whether beneficiaries should or should not have rights that prevail over the intentions of the settlor. This article focuses on supporting this principle and, in this light, puts forward a number of justifications for its incorporation.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Vladimír Ambruz, LL.M. is a lecturer at the Anglo-American University in Prague.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • The Duties of Trustees in Comparative Perspective
    • Abstract: The new Czech Civil Code (CCC) includes a trust that was inspired in part by the trust of Quebec law. This article provides a comparative overview of the duties of trustees, looking at their conceptual organization and their strictness, as well as the extent to which such duties are mandatory or can be altered by private legal act. The article begins with an overview of trustees’ duties in the common law, emphasizing those characteristics that are particular to the law of trusts, and then compares these with the civil law of Quebec. It concludes with some brief comments on the law of the Czech Republic.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Lionel Smith, Professor of Law, Faculty of Law, McGill University.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • Fiduciary Arrangements in Civil Law Countries: Framing the Trustee’s
           Role and Duties
    • Abstract: This article explores how some civil law jurisdictions – Luxembourg, Italy, and France, which all derive their law from the Napoleonic Code – frame the role and the duties of trustees. Even though influenced by the common law, these countries developed original and independent solutions. Yet, the approaches of these civil law countries to fiduciary arrangements, and to the rights and duties of trustees, are not homogeneous and, in each of these jurisdictions, it may be difficult to clearly define the position of trustees. I suggest that some of these difficulties derive from the complexity of reconciling several key features of common law trusts with some principles existing in civil law jurisdictions. After an introduction, this article analyses the essential features of fiduciary arrangements in three civil law jurisdictions: Luxembourg, Italy, and France. Then, it examines how the role and duties of trustees have been developed in these countries and outlines the respective advantages and limits of the solutions adopted in these legal systems. I conclude by examining the evolution of the legislation on trusts and fiduciary arrangements in San Marino, and finally arguing in favour of the adoption, in civil law countries, of legislation on fiduciary arrangements that is more coherent with the legal framework in which they will operate.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Corrado Malberti, Associate Professor, University of Trento; Adjunct Associate Professor, University of Luxembourg.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • Position of a Trustee: The Capacity to Be a Trustee and a Trustee’s
           Duty of Care
    • Abstract: On 1 January 2014, the regulation of trusts, inspired by the regulation of the Canadian province of Quebec, became part of Czech law. This article deals with two aspects of the regulation from the position of the trustee: the capacity to be a trustee and the dependence of the trustee´s duty of care based on their (non-)profession. In this respect, the Czech regulation is assessed in the context of foreign regulations. The Czech regulation of the capacity to be a trustee allows any natural person on one hand and only a restricted number of regulated legal persons on the other hand to act as a trustee is found to be justified. On the contrary, the lack of differentiation between a professional and non-professional trustee with regard to their duty of care in Czech law is considered unsatisfactory and worth improving.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Lucie Josková, Senior Lecturer at the Faculty of Law of Charles University in Prague.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • Trusts as Vehicles for Investment
    • Abstract: Financial markets have become the main drivers for legal change. Investors are interested in in funds which promise high returns while assuring protection from moral hazard and immunity against third party claims, irrespective of whether the fund is organized as a trust, a corporate entity or contractual investment scheme. Global finance has forced legislators into regulatory competition for the most investor-friendly regulatory pattern, including trusts or trust-like structures. Most civil law jurisdictions are newcomers to the law of trusts and fiducie. This provokes the policy question to what extent the market for investments into trusts should be regulated without frustrating investors and organizers of funds. The US regulatory approach towards investment trusts will be explored before the analysis moves to the European Union (EU)’s law on Undertakings for Collective Investment Schemes in Transferable Securities (UCITS). The transposition of the EU’s UCITS law by Ireland and the United Kingdom is assessed in order to explore the interface between trust law, the freedom of contract and mandatory capital market law. A regulatory choice emerges that supplements trust law by mandatory standard terms for the trust deed in the interest of market transparency and investor protection.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Rainer Kulms, LL.M., Senior Research Fellow, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • The Risk of ‘Misusing’ Trusts: Some Lessons from the Italian
           Experience
    • Abstract: In the course of the past decade, several European legislatures have introduced devices into their legal systems that are functionally similar to trusts, including the Czech Republic, which has inserted a new set of provisions into its new Civil Code. Such developments are sometimes accompanied by fears that trusts might be misused or abused. Some of the concerns commonly raised about trusts are that trustees could misappropriate trust property to the detriment of beneficiaries, or that trusts could be used to shield assets from creditors, spouses or forced heirs of the settlor. Other fears are that trusts can be used for money-laundering purposes or to hide assets from tax authorities, and that third parties dealing with trustees may be unaware of the trust’s existence. This article discusses Italy’s experience with trusts, where they have become a popular instrument used in a variety of contexts, often to make up for shortcomings of domestic laws. Its aim is to provide a brief overview of the nature of the trusts employed in Italy, and their purposes, and to discuss whether and to what extent some of the concerns mentioned above have materialized in legal practice, and how they have been addressed. The Italian experience demonstrates that not all concerns that are generally voiced against trusts necessarily arise in practice. It further shows that where issues have arisen concerning, for instance, creditor protection, the legal system is well equipped to tackle or mediate risks of misusing and abusing trusts. Italian courts have reacted effectively even though there is no national legislation providing Italian courts with special powers.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Alexandra Braun, Professor of Comparative Private Law, University of Oxford.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • Guardians of the Charitable Realm: Charitable Trust Supervision Practice
           and Procedure in the Common Law World
    • Abstract: This article examines the control framework for the supervision and oversight of charitable trusts in the common law world. It outlines in Section 1 the fundamental differences between private and public trusts that necessitate a separate enforcement regime for charitable trusts before exploring in Section 2 the historical and political powers and duties of the Attorney General as parens patriae of charities. In light of the limitations of the Attorney General’s effective scrutiny, Section 3 considers the emergence of alternative charity regulators – from tax authorities to independent charity commissions – comparing the relative regulatory achievements of these agencies with that of the Attorney General (AG). Section 4 turns its attention to the role of the courts and tribunals in the enforcement of the interests of donors, beneficiaries and charitable entities. The article concludes in Section 5 with a discussion of the merits and demerits of the charitable trust vis-à-vis the public benefit foundation and explores whether civil law systems intent on adopting the trust need to rethink their enforcement options when it comes to charitable trust enforcement.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Oonagh B. Breen, Senior Lecturer at the Sutherland School of Law, University College Dublin.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • Recognition of a Trust as a Specific Problem in Private International Law
    • Abstract: Recognition of a trust as a legal institution established under foreign legal order is quite remarkable per se because the objective law governs the recognition with exception of the application of the law governing the personal issues. The recognition of a legal institution is a reaction to the ancient theory under which a legal institution may have foreseen legal consequences only in the territory of a country under who’s law it was established. The aim of the recognition of a trust is to allow it to develop its functions under its governing law in the legal context of a country of recognition. This requires to recognize it in terms of transposition of all possible effects enumerated for instance in Article 11 (2) and 3 of The Hague Convention on the law applicable to trusts and on their recognition into the other legal system. This aim should be achieved by transformation into similar legal institution of the country of recognition. The process of recognition faces with two major problems: Depeçage and conflict with the mandatory laws including the legal rule of so called ordre public of the country of recognition. These problems have to be overcome by mainly two instruments, namely qualification (classification) and adaptation which often go hand in hand and are understood and applied in substantive legal sense. The results based on comparative analysis focused on one international treaty and five national laws lead to optimistic results. There is an evident trend towards an amicable understanding of trust the prevalent consensus on the possibility to have a trust governed by foreign law even in the complete absence of the trust regulations in the domestic legal order is of a great relevance. A connection to a trust governed by the foreign law should be single. A single law applicable to the trust should notably govern the trustees’ duties, rights of beneficiaries, trustees’ liability and legal relationships between the trustee and trust creditors. The content and objective as well as the nature of the respective trust shall be undoubtedly decisive. The issues of capacity and of the form of the trust are to be connected differently.  
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Luboš Tichý, Director of the Centre for Comparative Law.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • Different Types of Trust from an Ownership Aspect
    • Abstract: The Anglo-Saxon legal institution of a trust is generally regarded as unique because of the simultaneous existence of a legal and equitable title. Legal systems based on Roman law recognize only the unity of ownership, which acts as the chief impediment to the introduction of trusts. Legislators in civil law and mixed jurisdiction countries discovered the relevant advantages of trusts in the economy and in the private sphere, therefore they tried to create similar institutions that could fulfil the same function. The aim of this study is to present a view and a comparative law analysis of the trust-like devices of civil law and mixed jurisdictions, with special emphasis on the regulation of trust property. The comparison will take into account characteristics such as ownership of the trust fund, asset partitioning, the nature of the parties involved in the legal relationship, and the possibility of tracing. The functionality of institutions in civil law countries is more or less adequate to serve the purposes of a trust, but several important details and relevant differences should be highlighted.  
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      István Sándor , Associate professor, Eötvös Loránd University, Faculty of Law (Budapest).
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • 15th Annual Conference on European Tort Law
    • Abstract: This report presents an overview of the proceedings at the 15th Annual Conference on European Tort Law, hosted by the European Centre of Tort and Insurance Law and the Institute for European Tort Law of the Austrian Academy of Sciences and University of Graz in Vienna, Austria, in 2016. It recounts briefly the key issues discussed and arguments made during the three core sections of the conference - the opening lecture, the reports on national tort developments, and the special session on liability for unknown risks.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Andrew J. Bell, Institute for European Tort Law of the Austrian Academy of Sciences and University of Graz.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • New Hungarian Civil Procedure Act and the Development of European Rules of
           Civil Procedure
    • Abstract: Almost at the same time, two significant projects related to civil procedure have been launched. The first one is the ELI/UNIDROIT project ‘From Transnational Principles to European Rules of Civil Procedure’, while the other is the codification of the New Hungarian Civil Procedure Act. This article briefly summarizes the lectures delivered at the Conference on the ‘New Hungarian Civil Procedure Act and the Development of European Rules of Civil Procedure’ held in Budapest at the Hungarian Academy of Justice on 30 and 31 May 2016. The goal of the conference was the introduction of the ELI/UNIDROIT project to Hungarian lawyers as well as giving an insight into the Hungarian codification process for the international audience. At the conference, internationally renowned academicians who are participating at the elaboration of European Rules of Civil Procedure discussed the major topics of the draft European model rules, whereas Hungarian scholars presented the parallel issues of codification concerning the New Hungarian Civil Procedure Act.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Tamás Szabados, Senior Lecturer, Eötvös Loránd University (ELTE), Budapest, LL.M. (UCL), PhD (ELTE).
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • ‘Uniform Rules for European Contract Law' A Critical
           Assessment’
    • Abstract: The international conference ‘Uniform rules for European Contract Law' A critical assessment’ was organized by the IE University and IE Center for European Studies under the direction of Prof. Francisco de Elizalde on 23 and 24 June 2016. A group of leading academics in this field ‒ coming from different countries and legal cultures ‒ attended a conference in Segovia (Spain), on the occasion of the 30 anniversary of Spain’s incorporation into the European Economic Community (EEC)/European Union (EU), to discuss and analysed the current need for uniform rules in European Contract Law.
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Authors
      Isué Natalia Vargas-Brand, Researcher fellow by Ministerio de Economía y Competitividad España.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • List of Contributors
    • Abstract:
      Content Type Journal Article
      Part of Volume 24, Issue 6
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Mon, 16 Jan 2017 12:00:00 +000
       
  • Brexit: Der Herzinfarkt der Europäischen Union
    • Abstract:
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      André Janssen
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • English as Common Legal Language: Its Expansion and the Effects on Civil
           Law and Common Law Lawyers
    • Abstract: English has become the common language in a globalized legal world. However, the far-reaching consequences of the domination of key areas of the international practice of law by legal English are not yet fully understood and analysed. This article is concerned with an analysis of the expansion of legal English in global legal practice. This area has also been described as the ‘Law Market’, i.e. the area of activities of global lawyers in coping with the regulatory and legal frameworks in which international businesses function.’2 Much of the existing research into legal English as a common language is concerned with the development of legal English as a vehicle language for non-native English speakers in the sense of a lingua franca.3 The discussion is divided into either promoting the use of legal English as global language4 or pointing to its limitations ‘in that its legal terminology is premised on the tools of the (minority) common law system’5. This article aims to assess the interface and dynamics between lawyers using legal English as a common language as well as foreign languages in their legal work. This includes lawyers trained in the common law and/or civil law. Its aim is to gain a better understanding of global lawyering and communication in law and business relationships and to develop strategies for the internationalization of legal education and training in the UK.
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      Martina Künnecke, Lecturer at the University of Hull, Law School.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • Consumer Insolvency Law in Estonia and Norway: Comparative Aspects
    • Abstract: The authors examine and compare the rules on consumer insolvency in Estonia and Norway. Under Estonian law, consumers may obtain debt adjustments under the 2003 Bankruptcy Act (in the form of a debt release) or under the 2010 Debt Restructuring and Debt Protection Act (in the form of debt restructuring). These two acts apply to both entrepreneurs and consumers. In Norway, a Debt Settlement Act was introduced in 1992, allowing for debt settlements for consumers. Debt adjustment under general insolvency legislation is not regarded as a viable option for consumers in Norway, it being a rather costly and cumbersome procedure. In Norway, each municipality is obliged to offer debt counselling services to consumers, while in Estonia, debt counselling services are available through non-governmental organization (NGOs) and through some municipalities on a voluntary basis. The number of instituted proceedings for debt settlements (Norway) and for debt restructuring (Estonia) are relatively low: in 2014, the numbers stood at 57 per 100 000 inhabitants in Norway and 2 per 100 000 inhabitants in Estonia. The difference between the two countries may to some extent be explained by differences in legislation and in organization of debt counselling, but the authors conclude that the explanation must probably be found also in cultural, sociological and political factors.
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      Urmas Volens, Associate Professor of Civil Law in the Faculty of Law, University of Tartu.
      Kåre Lilleholt, Professor in the Faculty of Law, University of Oslo.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • In the Name of Effective Consumer Protection and Public Policy!
    • Abstract: The European Court of Justice (ECJ) has established that under certain circumstances national courts have an obligation, ex officio, to apply specific consumer protection provisions. This article presents a model derived from the argumentation for this obligation in ECJ case law. The model consists of four steps that include the specific ideas behind consumer protection provisions as well as the interaction between the principle of effectiveness and principle of equivalence. It is found that the principle of effectiveness is stretched very long and is often not set aside by the ‘rule of reason’. It is also found that the ECJ is open to the idea of regarding consumer protection provisions as (European Union (EU)) public policy rules which seems to challenge the traditional principle of equivalence. Based on the findings, the author elaborates on the concept of a European public policy doctrine.
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      Marie Jull Sørensen, Associate Professor at the Department of Law at Aalborg University, Denmark.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • Liability in the Medical Sector: The ‘Breast-Taking’
           Consequences of the Poly Implant Prothèse Case
    • Abstract: The article deals with the liability of third-party certifiers in the medical sector and especially focuses on the role of TüV Rheinland in the recent Poly Implant Prothèse (PIP) breast implant case. The aim of the contribution is twofold. Firstly, it provides an overview of the different challenges that courts face when having to decide on the liability of certifiers of medical devices towards third parties. These, for instance, relate to the strict conditions under which certifiers can incur third-party liability under national law. Whether product certifiers can be held liable depends on the jurisdiction where the claims have been filed. Therefore, the PIP breast implant case is also interesting from a private international law perspective. Third-party certifiers can be sued before the courts of their domicile. Whether they can be brought before courts in other Member States depends inter alia on the interpretation of the place of the damaging event and the place of the damage. The difficulty to pinpoint these locations not only emerges in the field of jurisdiction but also manifests itself within the search for the applicable law as identical connecting factors are employed in that area of private international law. Secondly, the article examines the decisions that have been issued by national courts in the PIP breast implant case. Rulings in France and Germany denied compensation for patients who purchased the defective breast implants. The PIP case is currently pending before the European Court of Justice (ECJ). It thus remains to be seen what stance the ECJ will take and especially what the consequences might be for certifiers in the medical sector. Based on the analysis of these decisions, the contribution puts forth a number of reasons why the threat of liability seems the most effective way to guarantee that third-party certifiers issue accurate and reliable certificates. This in turn ensures that only safe medical devices are placed on the European market and safeguards the health of consumers. Future scandals with medical devices might in this way be prevented.  
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      Jan De Bruyne, Academic Assistant in the field of comparative.
      Cedric Vanleenhove, Lecturer-In-Charge of an introductory course in the Bachelor of Laws Program as well as Post-Doctoral Researcher in the field of transnational law at Ghent University Law School.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • Harmonization of Civil Procedure: Can the European Union Learn from Swiss
           Experiences'
    • Abstract: Until 2011, civil justice in both Switzerland and the European Union (EU) was decentralized. In 2011, after 150 years of debate, Switzerland finally took the step to unification by the entry into force of its first federal Zivilprozessordnung, whereas in the EU it is still debated if, how and to what extent civil procedure could be subject to harmonization. This article analyses the debate leading up to harmonization of civil procedure in Switzerland, comparing the arguments to those brought forward in the EU debate, and examines the legislative strategy employed by the Swiss legislature. It shows that the Swiss harmonization was brought about by practically oriented arguments, and that this pragmatism also characterized the legislative drafting process. It is argued that a similar development is conceivable within the EU, but that the price may be a general decrease in the level and quality of civil justice.
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      Anna Wallerman, Senior associate lecturer in procedural law at the University of Gothenburg.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • The Walls Have Fallen, Run for the Keep: Insolvency Law as the New Company
           Law for Third Parties
    • Abstract: In Kornhaas, the European Court of Justice (CJEU) held that a German ‘wrongful trading’ action falls within the scope of the Insolvency Regulation and that its application to companies incorporated in another Member State (in accordance with the Insolvency Regulation) does not infringe the freedomof establishment. The Court expressly distinguished the Kornhaas case from precedents in which it did find a violation of the freedomof establishment. This judgment is reassuring for Member States looking to protect the interests of creditors against the externalities created by companies. Pursuant to the Kornhaas judgment, Member States can be relatively confident that the measures of creditor protection they adopt fall outside the scope of the freedom of establishment, as long as these measures do not directly relate to the company’s incorporation. This will be the case for most provisions of insolvency law, given that they necessarily become relevant only after the company has been formed. Moreover, the strength of such provisions is that they apply to all companies having their centre of main interests in the relevant Member State’s territory. Seen from that perspective, the CJEU has in Kornhaas endorsed a kind of a real seat theory in insolvency law, the very theory it has unsettled in company law.
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      Gillis Lindemans, PhD fellow of the Research Foundation - Flanders and doctoral researcher at the Institute for Commercial and Insolvency Law, KU Leuven.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • The Young Property Lawyers Forum Colloquium 2015
    • Abstract:
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      Elsabé Van Der Sijde, LLB, LLD (Stellenbosch University) LLM (University of Pretoria).
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • Conference: ‘Perspectives on Chinese Contract Law’
    • Abstract:
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      Chengyuan Wang, LLM, University of Leicester. 15–16 April 2016, City University of Hong Kong.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • Religion, Werte und Recht
    • Abstract: Religion, Werte und Recht – so lautete das Thema zu dem sich vom 10. bis zum 12. September 2015. Rechtswissenschaftler aus der ganzen Welt an der Universität Bayreuth zur diesjährigen Tagung der Gesellschaft der Rechtsvergleichung e. V. zusammenfanden. In sieben Facharbeitsgruppen beschäftigten sich die Teilnehmer unter anderem mit Fragen der religiösen und weltanschaulichen Verankerung von Rechtsnormen, ihrer Legitimität vor dem Hintergrund staatlicher Neutralität sowie ihrem Einfluss auf Gleichheitskonzepte. Dem bereits etablierten Ablauf folgend begann die Veranstaltung am 10. September mit der Sitzung der thematisch führenden Fachgruppe „Grundlagen“, gefolgt von der Eröffnungsveranstaltung am Abend und parallelen Fachgruppensitzungen am Folgetag.
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      Malte Kramme, (Einleitung, Berichte zu den Fachgruppen Grundlagen und Arbeits- und Sozialrecht sowie Eröffnungsveranstaltung und Fazit).
      Isabel Gläser, (Fachgruppe Europarecht) ist Visiting Researcher an der University of Hull und Wissenschaftliche Hilfskraft an der Universität Bayreuth.
      Carmen Langhanke, (Fachgruppe Zivilrecht) ist Rechtsreferendarin am Landgericht Münster/Westfalen und Wissenschaftliche Hilfskraft an der Universität Bayreuth.
      Shane Mcnamee, (Fachgruppe Strafrecht).
      Grzegorz Russek, (Fachgruppe Öffentliches Recht)
      Maximilian Schlüter, (Fachgruppe Handels- und Gesellschaftsrecht)
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • Leandro Tripodi: Towards a New CISG
    • Abstract:
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      Olaf Meyer
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • Matthew Dyson (ed.): Comparing Tort and Crime: Learning from Across and
           Within Legal Systems
    • Abstract:
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Authors
      Marta Infantino, Cambridge: Cambridge University Press. 2015.
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
  • List of Contributors
    • Abstract:
      Content Type Journal Article
      Part of Volume 24, Issue 5
      Journal European Review of Private Law
      Online ISSN 0928-9801
      Print
      ISSN 0928-9801
      PubDate: Fri, 13 Jan 2017 12:00:00 +000
       
 
 
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