Digital wealth and its necessary regulation have gained prominence in recent years. The European Commission has published several documents and policy proposals relating, directly or indirectly, to the data economy. A data economy can be defined as an ecosystem of different types of market players collaborating to ensure that data is accessible and usable in order to extract value from data through, for example, creating a variety of applications with great potential to improve daily life. The value of data can increase from EUR 257 billion (1.85 of EU Gross Domestic Product (GDP)) to EUR 643 billion by 2020 (3.17% of EU GDP), according to the EU Commission. The legal implications of the increasing value of the data economy are clear; hence the need to address the challenges presented by its legal regulation.
{"title":"The Legal Regulation of Digital Wealth: Commerce, Ownership and Inheritance of Data","authors":"José Antonio Castillo Parrilla","doi":"10.54648/erpl2021042","DOIUrl":"https://doi.org/10.54648/erpl2021042","url":null,"abstract":"Digital wealth and its necessary regulation have gained prominence in recent years. The European Commission has published several documents and policy proposals relating, directly or indirectly, to the data economy. A data economy can be defined as an ecosystem of different types of market players collaborating to ensure that data is accessible and usable in order to extract value from data through, for example, creating a variety of applications with great potential to improve daily life. The value of data can increase from EUR 257 billion (1.85 of EU Gross Domestic Product (GDP)) to EUR 643 billion by 2020 (3.17% of EU GDP), according to the EU Commission. The legal implications of the increasing value of the data economy are clear; hence the need to address the challenges presented by its legal regulation.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47983780","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}
{"title":"Better Regulation for a Data Economy?","authors":"M. Storme","doi":"10.54648/erpl2021037","DOIUrl":"https://doi.org/10.54648/erpl2021037","url":null,"abstract":"","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44090049","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}
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.
{"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":" ","pages":""},"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}
{"title":"Book Review: Thomas Möllers, Legal Methods. How to Work with Legal Arguments","authors":"J.B. Lemaire","doi":"10.54648/erpl2021036","DOIUrl":"https://doi.org/10.54648/erpl2021036","url":null,"abstract":"","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46055915","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}
{"title":"Book Review: Patrick Kinsch, Le rôle du politique en droit international privé (Cours général de droit international privé)","authors":"Tamás Szabados","doi":"10.54648/erpl2021035","DOIUrl":"https://doi.org/10.54648/erpl2021035","url":null,"abstract":"","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42839277","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}
{"title":"Die Aktualisierungspflicht des Letztverkäufers für Smart Products: Ein neues haftungsrechtliches Damoklesschwert?","authors":"A. Janssen","doi":"10.54648/erpl2021029","DOIUrl":"https://doi.org/10.54648/erpl2021029","url":null,"abstract":"","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45751412","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}
In the English trust, the beneficiary is viewed as the substantive owner of property held under trust, even as the trustee holds legal title to the property and is the only party who is able to perform the legal functions associated with ownership. In the mixed legal systems of Quebec and of Japan, the juristic pathways to the beneficiary’s substantive ownership are vastly different. In the case of Japan, arguably the ‘patrimony’ conception is applicable, whereas in Quebec the new ‘ownerless’ trust departed significantly from the problems associated with the trustee’s ‘ownership’ of property under the old trust. The article submits that the ability of the beneficiary to enforce his interests independently from other parties is crucial to the trust’s ability to achieve broadly similar effects to English law. From an English perspective, it is vital that civilian trusts recognize and accommodate the differences inherent in the beneficiary’s rights to due administration and to the economic enjoyment of property.
{"title":"The Nature of the Beneficiary’s Interest in English, Japanese and Quebec Trusts","authors":"Joyman Lee","doi":"10.54648/erpl2021032","DOIUrl":"https://doi.org/10.54648/erpl2021032","url":null,"abstract":"In the English trust, the beneficiary is viewed as the substantive owner of property held under trust, even as the trustee holds legal title to the property and is the only party who is able to perform the legal functions associated with ownership. In the mixed legal systems of Quebec and of Japan, the juristic pathways to the beneficiary’s substantive ownership are vastly different. In the case of Japan, arguably the ‘patrimony’ conception is applicable, whereas in Quebec the new ‘ownerless’ trust departed significantly from the problems associated with the trustee’s ‘ownership’ of property under the old trust. The article submits that the ability of the beneficiary to enforce his interests independently from other parties is crucial to the trust’s ability to achieve broadly similar effects to English law. From an English perspective, it is vital that civilian trusts recognize and accommodate the differences inherent in the beneficiary’s rights to due administration and to the economic enjoyment of property.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45971786","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}
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.
{"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":" ","pages":""},"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}
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
{"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":" ","pages":""},"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}
Although a number of European Union legal documents require AI to be transparent, this is frequently not the case. Such opacity can be attributed to a diverse range of causes, ranging from so called ‘black box’ algorithms, trade secrets and patents, to the cognitive barriers of non-professionals. Transparency, in contrast, is, in many cases, indispensable for establishing generic or specific causation in deciding civil law cases, especially within the scope of contractual or tort liability. Therefore, the concept of causation applied in various parts of civil law should be rethought, and some remedies for this problem should be adopted.
{"title":"Causation in Civil Law and the Problems of Transparency in AI","authors":"Sylwia Wojtczak, Paweł Księżak","doi":"10.54648/erpl2021030","DOIUrl":"https://doi.org/10.54648/erpl2021030","url":null,"abstract":"Although a number of European Union legal documents require AI to be transparent, this is frequently not the case. Such opacity can be attributed to a diverse range of causes, ranging from so called ‘black box’ algorithms, trade secrets and patents, to the cognitive barriers of non-professionals. Transparency, in contrast, is, in many cases, indispensable for establishing generic or specific causation in deciding civil law cases, especially within the scope of contractual or tort liability. Therefore, the concept of causation applied in various parts of civil law should be rethought, and some remedies for this problem should be adopted.","PeriodicalId":43736,"journal":{"name":"European Review of Private Law","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48706785","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}
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