Search

Copyright of IUS ET VERITAS is the property of Asociación IUS ET VERITAS and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this contribution I try to describe the 'Lando method' for harmonization or model rules, based on the writings of Ole Lando himself and my own experience in the Lando Commission. [ABSTRACT FROM AUTHOR]

The present research article focuses on the description of the dynamics of Europeanization of two fundamental concepts of Georgian property law and the law of obligations—acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation—in the context of reception of German law. At the historical stage of formation of the Civil Code of Georgia (CCG), focusing on the conceptual framework of German civil law, the German law, in its turn, was an integral part of the Europeanization process. Hence, Europeanization influenced the development of Georgian civil law through the reception of German law. When referring to the reception of German law in this article we simultaneously mean the process of Europeanization of Georgian civil law, which penetrated not directly but rather through the reception of European (in this case, German) codification. The ongoing reform of Georgian civil law inevitably requires its legal harmonization with EU codifications in the context of central paradigms of acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation. Analysis of the dynamics and often contradictory root of the Europeanization of Georgian private law will enable scholars and legislators conduct legal approximation process on the basis of research-based recommendations. [ABSTRACT FROM AUTHOR]

Current legal frameworks for data protection are based on public law. They have a number of flaws. The notion of informed consent does not work in practice. Public legislation only covers the protection of personal data, but it doesn't cover data about groups and it doesn't cover conditions on usage of data for certain purposes. Moreover, in order to function in practice, businesses need to adopt these conditions as part of privacy policies and processes such as audits and impact assessments. Supervision by means of public entities is limited as regulatory agencies have little capacity. This gives private actors room for designing tools to protect their personal data. In this article, we will therefore suggest to utilize private law instruments for data protection. By incorporating conditions on usage of sensitive data in contracts and by setting up platforms for monitoring contract fulfilment, end users can be empowered to take enforcement into their own hands. We will propose a platform for assisting users in drafting contracts that take data protection into account, and for monitoring contract fulfilment. Feasibility of the proposal is illustrated by an application scenario, the sports tracker app. [ABSTRACT FROM AUTHOR]

In the United States, it is widely accepted that 'policy,' meaning conflicting societal values and interests that can be weighed, plays an important role in private law reasoning. However, in many other polities, including France, England, Quebec and English Canada which this article scrutinizes, the role of policy in private law is either strenuously denied or reduced to an exceptional consideration of social concerns under residual doctrines like good faith, abuse of right or unconscionability. As a result, full-blown and routine invocations of policy are still considered to be an exotic American feature and to be absent from these systems. In this article, I refute this persisting view and show that such policy arguments are as a matter of fact relied on by authoritative actors in France, England, Quebec and English Canada. Taking interruption of contractual performance following breach as a case study, I rely on cases and treatises from these four jurisdictions to produce an integrated repertoire of policy arguments that have been invoked for a series of related contract law questions. I thus provide the basis for the application of American private law insights in legal systems where they have largely been ignored. I suggest that there are important political and aesthetic stakes to this jurisprudential transplantation, in that it allows for innovative forms of contestation of market-based normative reasoning and of the traditional professional styles adopted by non-American jurists. [ABSTRACT FROM AUTHOR]

Copyright of IUS ET VERITAS is the property of Asociación IUS ET VERITAS and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Cooperation in construction services in many ways bears resemblance to the theory of contractual networks. From a bottom-up perspective, contractual networks are well incorporated in Dutch construction practice. In fact, the Dutch construction sector shows several frequently used contract models for construction services that largely match Cafaggi's ideas on embedding networks in contract law. However, these networks in construction practice are not flawless. Defective coordination, information and communication lead to many problems, such as constructive safety accidents and liability issues. A striking example of the lack of coordination was the collapse of a roof in construction of a Dutch football stadium in 2011. Other difficulties Dutch construction practice has to deal with are the vast use of standard contract terms (with lots of incompatible clauses) and the fact that construction projects are primarily project-based and not sustainable. This article has a twofold purpose. Firstly, it investigates the practice of contractual networks in the Dutch construction industry. What kind of construction networks exist and by what means do they function - bottom-up - in practice? Secondly, looking at this practice of contractual networks in the Dutch construction industry, what problems does it face and how could contractual network theory improve its functioning? Network specific elements such as centrality, density and internal liability, could further improve the exchange of information and transparency in construction processes. For instance, applying the network tool density may provide insights on connection and cohesion of building participants, leading to a more effective design of information exchange between network partners. [ABSTRACT FROM AUTHOR]

EU consumer protection relies inter alia on information requirements imposing on traders the duty to provide specific and mandatory information to consumers before the conclusion of a contract. If consumers make well informed choices this can serve their individual interest, but it is also thought to contribute to a healthy market. However, the imposition of stringent and specific information requirements has been criticized from several points of view. For example, behavioural scientist have argued that more information does not necessarily lead to better decisions. From an economic point of view, information requirements can even be harmful to consumer interests. Nevertheless, information requirements form a substantive part of EU consumer protection and therefor this contribution explores how information requirements may be of added value. It is argued that information requirements can add value to consumer protection when regarded in relation to general contract law. This point is illustrated by an analyses of the information duties of the Consumer Rights Directive in relation to general contract law. [ABSTRACT FROM AUTHOR]

Cultural and axiological diversities between legal orders are considered to be a limit for the unification or harmonization of European private law. This assumption, as a starting point, is analysed in relation with three different cases or tests: same-sex marriages in family law, 'real seat theory' versus 'incorporation theory' in company law, and 'playing at killing people' against human dignity in constitutional law. The diagnosis confirms the hypothesis: legal divergences due to various cultural or axiological options result in restrictions on the free movement of persons, goods or services within the internal market. As European law often justifies these restrictions, they should be removed through 'reactive' harmonization. Nevertheless, the proportionality principle can exclude this possibility, simply because of the scope of some cultural or axiological differences. Finally, this understanding is applied to contractual law in order to show that there is no significant exception in this area. Accordingly, any attempt to unify contractual law must take into account the cultural and axiological diversities and try to minimize their effects, but also accept the implicit limits by implementing soft and more imaginative proposals. [ABSTRACT FROM AUTHOR]

The article discusses the court case 275 Washington Street Corp., Trustee v. Hudson River International LLC related to commercial lease and mentions the author's assessment of the state lease law in Massachusetts.

The article discusses the court case Wyman v. Ayer Properties LLC wherein the Massachusetts Appeals Court held that the economic-loss doctrine did not bar the condominium association's negligent construction claim against the developer for alleged faulty construction.