Administrative law has the objective of protecting individuals from the possible abuse that they can encounter from powerful administrative branch of the government. This law also governs the conditions and procedures in which administrative decisions can be reviewed by court. However, judicial...

In the common law legal system, the main sources of law are habits that live in society as a legal culture, as well as agreements that have been agreed upon by the parties. Meanwhile, in the civil law legal system, the regulations set by the government are the main source of law. There are two...

Global financial markets are among the most extensively regulated markets in the world economy. This poses significant challenges from a private law perspective when regulatory rules interfere with private rights and obligations. The article examines the potential of Transnational Commercial Law...

This introduction to Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik (Thilo Kuntz and Paul B. Miller, eds., Oxford University Press, forthcoming) provides a thematic overview methodological questions and positions taken in contemporary American and German private...

Which methodology should legal science aspire to if it is to find its own, distinctive character as a science of the law? Is there any genuine legal methodology to cope with the doctrinal riddles of contracts, torts and property? Does the social embeddedness of private law institutions push...

It is universally accepted that, subject to various restrictions including remoteness and mitigation of damage, the purpose of damages for breach of civil obligations is to put the parties whose rights have been breached in the same position, so far as money can do so, as if their rights had...

This is an introduction of future students of (European) consumer law to its main concepts, such as average and vulnerable consumers, unfairness, product risks. Upon reading you may expect to start being able to place this research area within the legal architecture of European Private Law. You...

Katharina Pistor’s recent work has revealed a deep justice deficit in private law, raising fundamental questions about how it could be reduced. While Pistor favours piecemeal bottom-up solutions to instances of injustice, Martijn Hesselink proposes a more radical top-down strategy – the...

A growing chorus of scholars, privacy professionals, and policymakers think that individual rights of control—rights to access, correct, and delete data, as well as rights to opt out of tracking and to humans in the loop of automated decision-making—are effective means of regulating the...

Judges decide multiple types of disputes, including disputes involving the property or contractual rights of two private parties (their “private rights”). The nature of these private rights has long been the focus of philosophical debates between conventionalists, non-conventionalists, and...

In many industries, companies rely on private third-party audits to monitor their suppliers’ adherence to various standards. These audits are frequently paid for by the entity being audited, which creates a conflict of interest that incentivizes auditors to reduce the burden of audits by...

The paper discusses how European private law was studied and adopted in Japan in the 19th and 20th century and whether the private law developed there as a "fruit of comparative law" could serve if not as a basis, then as inspiration for a unified European private law today. This is the English...

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...

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...

"Selective marital surname" has reemerged in media headlines. Japan appears to be the only country in the world that holds onto the unitary surname system, under which 96% of wives relinquish their birth surnames. Majority of the Japanese population seems to accept, wittingly or unwittingly, the...

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...

Despite the growing need for surrogate decision-making for older adults, little is known about how surrogates make decisions and whether advance directives would change decision-making. We conducted a nationally representative experimental survey that cross-randomized cognitive impairment,...

Various states have started providing private law frameworks for blockchain transfersand crypto assets. The first acts have been adopted by France and Liechtenstein,while a commission of the British government sees no difficulties in extending propertyprotection under the Common law to crypto...

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...

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...

‘…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 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...

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...

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,...

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 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...

Zum Werk Das Werk bietet eine systematische und praxisbezogene Darstellung der zivilrechtlichen, steuerrechtlichen und europarechtlichen Fragestellungen rund um die Themen Verwahrentgelt und Negativzinsen im Verhältnis der Kreditinstitute zu ihren Kunden. In diesem Bereich sind noch viele...

Rechtskunde -- Dienstkunde -- Brandschutz und sonstige Notfallmaßnahmen -- Arbeits-, Gesundheits- und Umweltschutz -- Einsatz von Schutz- und Sicherheitstechnik -- Situationsbeurteilung und -bewältigung -- Kommunikation -- Kunden- und Serviceorientierung -- Zusammenarbeit.

Dieses Lehrbuch behandelt systematisch alle Fachgebiete der IHK-Sachkunde-prüfung nach dem aktuellen Rahmenstoffplan. Besonderen Wert hat der Autor dabei auf den oft als schwierig empfundenen Rechtsteil gelegt: Zahlreiche Abbildungen und Beispiele veranschaulichen die Gesetzestexte und ihre...