In Europe, legislators are increasingly introducing sustainability goals into the system of private law. By prohibiting certain conduct, increasing transparency, nudging companies, as well as changing institutions, procedures and liability regimes, legislators complement private law with tools...

When we think of the law of terrorism, we think of the state and the terrorists. We think of the many steps that states take to detect, deter, and destroy terrorist groups. But that frame captures only a small piece of the overall picture of terrorism regulation. Regulation directed at and...

The disruptive nature of commercial drone technology presents transformational benefits and serious risks to the internal market’s safety, privacy, and sustainability. The accelerated rate of digitalisation; innovations in drone performance; and increasing expansion of technological...

Stablecoins are one of the cornerstones of the crypto world. They’ve attracted significant attention over the past few years, ranging from Wall Street to kitchen table investors, and even the White House. As a less volatile alternative to crypto-assets like bitcoin, stablecoins have the...

The technology associated with artificial intelligence is developing rapidly. As a consequence, artificial intelligence is being applied in many spheres of life and increasingly affects the functioning of society. Actions of artificial intelligence may cause harm (e.g. in the case of autonomous...

The outbreak of the COVID-19 pandemic has exposed humankind to a global health crisis unprecedented in its scope and impact. The pandemic struggle, however, is not limited to our biological survival; it extends to preserving our cultural and growth achievements by avoiding an economic...

An important question in the economic study of enforcement is the appropriate, and the actual, division of responsibilities between public and private enforcers. This question has been brought into sharp focus recently by an article in which Gary Becker and George Stigler advocate the...

Australian mediation practice is thriving. Effective forms of mediation are practised in court-connected schemes, in the public sector, in the community justice sector and in the private business sector. Indeed, no industry is excluded from the application of mediation. In contrast,...

The Chinese Civil Code was enacted on May 28, 2020 and will become effective on January 1, 2021 as the first civil code in the Communist China. Half a century of codification effort finally resulted in this much anticipated code. It utilized state-of-the-art codification techniques and presents...

In proceedings in front of an arbitrary tribunal, at international such as also, at the national level, the question always arises as to the applicable substantive law. For the purpose of determining the applicable substantive law, the Arbitration largely recognized the principle of party...

With proponents of deregulation ascendant, both domestically and around the world, private regulation appears to be an attractive solution to a seemingly intractable problem-assuming it is or can be effective. This Article adds an important corrective to standard accounts of private legal...

Part of a larger textbook on business law and economics, this Chapter surveys how economic analysis has been applied to competition, or antitrust, law, in the main jurisdictions on both sides of the Atlantic. The first part chronicles the successive schools of thought in the US and the EU, with...

This piece examines the meaning of vindication in private law. In contrast to some other approaches, it suggests that there is no single, institutional conception in the law of what it means to vindicate rights. Rather, it maintains that the idea is a mixed one - both in the sense that it...

In this essay, we discuss empirical research on the economic effects of the civil justice system. We discuss research on the effects of three substantive bodies of law- contracts, torts, and property- and research on the effects of the litigation process. We begin with a review of studies of...

The most significant innovation in recent years has been blockchain technology. Such innovations demand a response from the law. The most significant innovation of the last twenty-five years has been the internet. The relative lack of government regulation in the domain of public law has been...

I suggest in this chapter that much but not all of private law is consistent with Locke's understanding of private rights. Locke contemplated that natural rights would undergo some changes to accommodate the move from a state of natural to civil society. For example, natural rights must be...

This chapter examines the benefits and drawbacks of determinate rules in private law: rules provide settlement and support coordination, at the cost of some undesirable results in particular cases. It also traces the traditional methods used in equity to soften the adverse consequences of...

Poverty has so far been overwhelmingly understood as a state of distributive injustice. As a result, the debate in private law theory about the role of private law in alleviating poverty has essentially collapsed into the question of whether private law could, and should, promote distributive...

Paternalism is deeply rooted in the German legal system, especially in private law. Hard, soft, and mixed paternalism, in combination with other motives, restrict private autonomy and therefore raise the traditional question of legitimacy

‘…the possibility of damages for those whose interests Urgenda represents, including current and future generations of Dutch nationals, is so great and concrete that given its duty of care, the state must make an adequate contribution, greater than its current contribution, to prevent...

This article explores the different meanings of the right to housing in Europe in public and private relations with housing providers. In light of the fundamental right to housing’s meaning in the case law of the European Court of Human Rights and the Court of Justice of the European Union, we...

This chapter surveys fiduciary principles in Western European civil law jurisdictions. Focusing on France and Germany, we suggest that functional equivalents to fiduciary duties have developed on the Continent, although they do not always carry exactly the same connotations as their common law...

Moral philosophers object to the ethic of zeal, also known as the fiduciary duty and the principle of partisanship, because it requires lawyers to ignore any adverse effects that lawful actions beneficial for clients may have on third parties. For example, when representing a landlord, a lawyer...

China has established a dynamic legal system by using guiding cases to improve adjudicative consistency. The guiding cases are de facto binding as “common-law precedents” and the only binding cases in China. The Supreme People's Court (SPC) selects, compiles, and publishes guiding cases. In...

This is the first English language paper seriously to examine the meaning of subsidiarity from the perspective of private law, in which it might be used to understand legal rules, or the interaction of different kinds of claim. Since there are so few relevant sources in English, this article...

Discrimination has long been identified as detrimental to the basic functioning of multicultural countries like Canada. While governments have adopted constitutional law and passed human rights legislation to combat and control discrimination, these laws are inapplicable to a significant portion...

One of the striking features of private law in English-speaking countries is the extent to which it is mainly common law. To be sure, many areas of tort, contract, and property are subject to statutes, and civil law jurisdictions demonstrate that private law can be codified. Still, most...

How should we build theories of private law? This article claims that, in answering this question, we should keep in mind the distinction between wholesale questions about the best interpretation or justification of legal institutions, and retail questions about their internal operation—in...

In its Skanska decision the ECJ bases an undertaking's private law liability for cartel damages directly on Art. 101 TFEU and holds its judicature regarding both liability within the economic unit and the principle of economic continuity to be applicable in private law. The article considers the...

Despite excitement on the left about a move to universal health care and on the right about a more state-driven model, major policy changes in a time of divided government are not imminent. Yet the recent repeal of the individual mandate penalty imperils the current regime. The Affordable Care...

The Association Agreement (AA) concluded in 2014 between the European Union (EU) and Ukraine will have far-reaching consequences for the future of private law in Ukraine, a topic which will be explored in this paper. It will set out with a general survey of the Association Agreement (I.), then...

Edited by Yun-chien Chang, Wei Shen and Wen-yeu Wang, the book Private Law in China and Taiwan: Legal and Economic Analyses is set to be a leading comprehensive and authoritative law book that provides an economic and comparative framework for analysing private law in China and Taiwan. This book...

La version française de cet article peut être consultée à: "http://ssrn.com/abstract=3349436" http://ssrn.com/abstract=3349436. This study aims to set out the principles governing the concept of injury in the context of extra-contractual liability resulting from one's personal acts under...