bluuebunny/crossref_metadata_2025 huggingface dataset:
Jurisdiction Clauses in International Premarital Agreements: A Comparison Between the US and the European System
Authors: Terradas Beatriz Añoveros
Published: April 2022

Abstract: Society moves fast and constantly. Despite the persistence of gender roles in marriages, other factors including heightened job market access and economic independence for women, as well as greater bargaining power in marriage and the evolution of no-fault divorce, have increased the role of party autonomy in family matters – and therefore, caused a shift in the complex debate between state policy interest in family matters and individual private autonomy. As a consequence of these significant societal changes, there has been an increased use of premarital agreements in contemplation of divorce. Through these agreements, before they marry the prospective spouses determine the consequences of a future breakdown, i.e. the rights that would otherwise arise at the time of the dissolution of the marriage or the death of one of the spouses. International prenuptial agreements (agreements with significant contacts with numerous countries) raise relevant questions with regard to jurisdiction, applicable law, and recognition and enforcement. This article conducts a comparative study between the conflict of laws system in the US and the European Union with regard to prenuptial agreements in contemplation of divorce, focusing on questions of jurisdiction. The advisability of choice of forum clauses and their limits will be at the heart of this study.

Résumé: Les sociétés évoluent vite et de manière constante. Malgré la persistance des rôles entre homme et femme dans le mariage, d’autres facteurs tels que l’accès accru des femmes au marché du travail et leur indépendance économique, le pouvoir de négociation élargi au sein du mariage et l’évolution du divorce sans faute, ont renforcé le rôle de l’autonomie des parties dans les affaires familiales – et par là, ont marqué un changement dans le débat complexe entre d’une part les intérêts d’une politique étatique dans les affaires familiales et d’autre part l’autonomie privée individuelle. Par l’effet de ces importants changements de société, on a vu apparaître un usage accru de contrats de mariage conclus en considération d’un divorce. Ces contrats permettent aux futurs époux de fixer avant leur mariage les conséquences d’une rupture future, par ex. les droits qui, autrement, naîtraient au moment de la dissolution du mariage ou du décès de l’un des époux. Les contrats de mariage internationaux (contrats comportant des rapports significatifs avec plusieurs pays) entraînent des questions importantes en ce qui concerne le tribunal compétent, le droit applicable, la reconnaissance et l’exécution. Cet article contient une étude comparative entre le système de conflit de lois aux Etats-Unis et dans l’Union européenne à propos des contrats de mariage conclus en vue d’un divorce, en mettant l’accent sur des questions de compétence juridictionnelle. L’opportunité de clauses de choix du for et leurs limites est au centre de cette étude.
Contract Law and Smart Contracts: Property and Security Rights Issues
Authors: Tshibende Louis-Daniel Muka
Published: April 2022

Abstract: Considering that the internationality of a contract as well as its national character opens up opportunities for the contracting parties, particularly in the domains of dispute settlement mechanisms and applicable Law that they can eventually opt for, the present contribution analyses legal issues resulting from the fact that parties are nevertheless submitted to an obligation to comply with mandatory provisions and public policy rules depending on the location of some key elements of their agreement. This applies, even though it is about smart contracts and blockchain technologies. This article focuses on property and security rights issues (: defective title, informational defects and viruses … ) in the context of the Civil Law tradition.

Résumé: Considérant que le caractère international d’un contrat, aussi bien que son caractère national, ouvrent des opportunités pour les parties contractantes, particulièrement dans les domaines de mécanismes de résolution des litiges et de loi applicable qu’elles peuvent éventuellement choisir, la présente contribution analyse les questions juridiques résultant du fait que des parties sont néanmoins tenues de respecter des dispositions obligatoires et de règles de politique d’intérêt général dépendant du lieu de certains éléments-clés de leur contrat. Ceci s’applique même s’il s’agit de contrats intelligents et de technologies de la blockchain. Le présent article se concentre sur des questions de droits de propriété et de sécurité (: défectuosité, défauts informationnels et virus … ) dans le contexte du droit civil traditionnel.
Smart Contracts as the (new) Power of the Powerless? The Stakes for Consumers
Authors: Borgogno Oscar
Published: April 2022

Abstract: The success of smart contracts based on distributed ledger technology (DLT) springs from their potential to secure contract performance when traditional legal enforcement remedies are not practical or too costly. EU policymakers and regulators have struggled for years to facilitate the enforcement of consumer rights while reducing transaction costs for businesses. The article argues that smart contracts can be a viable tool to address such a challenge. By virtue of their self-executing and tamper-proof character, smart contracts are suited to substantially reduce transaction costs in B2C relationships. So far, several legal scholars have raised concerns regarding both smart contracts inability to reflect relational aspects of contract governance and the augmented complexity generated by the translation of an agreement into computer code. Building upon the extant literature on the topic, the article explains why these problems can be overcome when it comes to consumer rights that are standardized and easily verifiable. Thus, smart contracts will likely prove suitable for specific industries, such as the transport sector. The article concludes that policy makers and regulators shall take the lead by testing, with a sector-specific approach, smart contracts ability to improve the consumer protection toolbox.
The Modernization of European Consumer Law: A Pig in a Poke?
Authors: Loos Marco B.M.
Published: April 2022

This article discusses the European Commission’s proposal for a directive regarding the modernization and better enforcement of European consumer protection rules, and the relation between this proposal and the Commission’s recent Communication ‘A New Deal for Consumers’. In the second part of this article I will discuss to what extent the proposal does justice to the outcomes of the fitness check carried out in 2017, which was intended to examine the extent to which the consumer acquis is still sufficiently equipped for the protection of consumers and allows traders to take advantage of the internal market.
Exposing Private Third-Party Food Safety Auditors to Civil Liability for Negligence: Harnessing Private Law Norms to Regulate Private Governance
Authors: Lytton Timothy D.
Published: April 2022

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 cutting corners and inflating audit scores. This article presents a case study of food safety audits in the fresh produce sector. It explains why large commercial buyers of fresh produce rely on private third-party audits paid for by growers despite the conflict of interest, and it argues that exposing auditors to civil liability for negligence would improve the rigor and reliability of these audits. The article concludes with a more general analysis of how the private law norms of duty and reasonable care imposed by civil liability can improve private governance.
Entre la lex causae et les lois de police de la lex fori: quelle alternative pour la protection du logement familial dans le règlement « régimes matrimoniaux »?
Authors: Barreda Naivi Chikoc
Published: April 2022

The law applicable to the matrimonial property regime under Regulation 2016/1103 governs all the property relations between the spouses and with regard to third parties including the rules providing for the protection of the family home. The choice of law rules of the Regulation are based on the principle of party autonomy and on the need to ensure the predictability of the applicable law, to the detriment of the links connecting the current situation of the spouses with the law intended to govern it. Against the background of an increasing cross-border mobility, the connecting factors of the objective conflict rule, fixed at the time of the conclusion of the marriage, prove to be unsuitable with regard to the protective rules of the family home whose implementation would command the application of the law having the closest connection to the real situation of the spouses. In this context, the exceptional mechanisms consisting in the escape clause and in the overriding mandatory provisions of the lex fori are also inadequate to ensure the effectiveness of the protective measures of the family home under the lex situs.
Fighting European Copyright Tourism: Lessons from Defamation Laws
Authors: Novovic Miloš
Published: April 2022

In the recent cases of Pinckney and Hejduk, the ECJ revised European rules on jurisdiction over online copyright infringement disputes – making it possible for claimants to bring their lawsuits in virtually any European country. Due to the application of lex loci protectionis, this choice of venue also affects the law applicable to disputes. This article shows that this results in a substantial forum shopping risk, despite safety mechanisms built into the ECJ judgments. It explains that forum shopping is not inherently bad, but that it creates major problems for copyright laws, given its potential to shift the balance between the authors and exploiters of the work.

 

In an attempt to identify a possible solution, this article turns to the substantive implementation of de minimis principle in Principles on Conflict of Laws in Intellectual Property (CLIP) Principles. The success of this approach is illustrated through the field of media law, and specifically, the way in which United Kingdom solved the problem of libel tourism. Examining the substantive requirement of ‘serious harm’ found in the UK Defamation Act of 2013, the article proposes amending national copyright laws as to state that absent showing of the intention to target a certain Member State by the online infringing activity or, alternatively, a ‘serious harm’ suffered on its territory, no copyright infringement is to be found. This way, forum shopping in online copyright infringement cases may be stopped in its tracks, before it becomes a rampant practice in Europe.
The Economic and Legal Bases of the Development Risk Defence in European Product Liability: A Critical Approach to Proponents Bases of the Defence
Authors: Ghasemzadeh Seyyed Rohallah
Published: April 2022

Incorporating the development risks defence (DRD) into Product Liability Directive 85/374/EEC has been the most controversial issue in product liability debates. Although it is possible for the Member States to derogate from the DRD, only Finland and Luxemburg apply development risk derogation set out in Article 15 §1(b) of the Directive to all products. This derogation is partially applied in France, Spain and Hungry. Aside from providing an introduction to history of the divergences on DRD at national and supranational levels, this paper analyses economic and legal bases of proponent of this defence and critically makes separate analysis about them. Overall, economic and legal views of the opponents refer to bases that specially manifest themselves in academic literature and the legislative, economic, political debates. With reference to the European literature and debates, this paper attempts to elaborate that the DRD is not only an economic and legal issue but also social and political one. Regarding to these diffused bases, it is possible to conclude that the arguments put forward in favour of maintaining the DRD are susceptible to criticism.
The Qualification of Bitcoins as Documentary Intangibles
Authors: de Graaf Tycho
Published: April 2022

It is unclear how bitcoins should be qualified from a legal perspective. This qualification is, among other things, relevant to determine how bitcoins should be transferred, pledged, attached and executed. In this article, bitcoins and bitcoin transfers are explained from a technical perspective and subsequently qualified from a contract and property law perspective. Given the borderless nature of bitcoins and its underlying bitcoin technology, these subjects are dealt with in an international manner, often drawing upon legal concepts which form the backbone of most if not all legal systems, especially those in the EU. In this article, the following conclusions are reached. First of all, from a contract law perspective, the bitcoin network qualifies as a multi-party contract to which the various participants (users, miners and nodes) accede by participating in the network for the first time and, in doing so, accept the third-party rights clause stipulated in that agreement in their favour. Secondly, from a property law perspective, the rights with respect to the bitcoins credited to a bitcoin address are put to bearer at the same moment these bitcoins are so credited. They are put to the bearer of the value bearer on which the private key associated with that bitcoin address is stored. That value bearer embodies the right of that bearer to perform the work necessary to transfer the bitcoins on that bitcoin address, more specifically vis-à-vis the miners to validate that transaction and vis-à-vis the nodes to verify the work of the winning miner. Those bitcoin rights can be transferred, pledged, attached and executed by possession of the value bearer.
The Lando Method
Authors: Storme Matthias E.
Published: April 2022

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.

Harmonization, contract law, European private law, restatements
Consumer Protection: The Interaction Between Written and Unwritten Law
Authors: Andersen Minie
Published: April 2022

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.
Initial Public Offerings and Interest Income in Hong Kong
Authors: Low Chee Keong
Published: April 2022

While the literature encompasses many aspects of initial public offerings around the world, it has largely ignored the issue of interest income generated by placing the application moneys in overnight money market accounts as companies prepare to allot shares to the subscribers. The confluence of highly favourable conditions namely, rising interest rates coupled with euphoria over the listing of Mainland Chinese companies is estimated to result in HK$1.8 billion, or about US$230 million, in gross interest income accruing to the companies that listed on the Main Board of Stock Exchange of Hong Kong during 2006. Using data from the 53 initial public offerings in Hong Kong for the year, this paper highlights some shortcomings of the existing system and puts forth recommendations for their rectification which principal objective is a more equitable application of this ‘windfall’.
Regulating Credit Rating Agencies in a Transatlantic Dialogue
Authors: Cervone Elisabetta
Published: April 2022

The sub–prime crisis has underlined the ‘accountability gap’ in the credit rating agencies (CRAs) industry, constituted by an imbalance between the CRAs’ power and the possibility to hold them responsible. Reputational sanctions are less effective in the highly concentrated rating industry and the lack of case law clearly indicates that liability issues do not play a role and that the law of damages cannot ensure a fair distribution of the burden in misconduct cases. This paper aims at investigating the optimal CRAs regulatory and supervisory structure in the European Union (EU). The purpose is to assess the possibility of enhancing the credibility of CRAs by means of a regulation adequate to reinforce market incentives and enforcement policies. In particular, the paper addresses the analysis of the trade–off between, on one hand, opening up the CRAs’ industry to all potential entrants and,on the other hand, keeping the CRAs certified status and the requirement of registration and oversight as a condition for conducting their activities. An appropriate regime of registration may allow increased competition by the entrance of smaller,specialised and/or foreign CRAs.
New Rules for Commercial Arbitration in the Republic of Moldova: A Step Forward?
Authors: Svetlicinii Alexandr
Published: April 2022

The article provides critical assessment of the recent legislative reform of commercial arbitration rules undertaken in the Republic of Moldova. The key feature of the new commercial arbitration system is the dualism in regulation of international and domestic arbitration. While the international arbitration framework adopted the UNCITRAL Model Law without any substantive modifications, legal rules governing domestic arbitration became more restricted and state-centered. Taken the lack of previous experience with arbitration and deficiencies of the judiciary and public enforcement system the dualist regulation of commercial arbitration will continue to slow down its potential development.
Outsourcing in the Financial Services Industry
Authors: Chirico Alessandra
Published: April 2022

This short article analyses supervisory authorities’ responses to what they see as the most important risks related to outsourcing by banks in their country and how these risks have been mitigated through prudential regulation. It appears that many supervisors are concerned about the fact that banks lose direct control over outsourced activities, and see potentially high operational risks (i.e., business continuity threat or operational failures). In second instance, supervisors appear to share concerns that banks may lose certain internal skills and that they become too dependent on a small number of outsourcing companies. Indeed, a high concentration in the market for outsourcing with only a few service providers may lead to an excessive dependence and high switching costs. The MiFID provisions on outsourcing are central under this respect.
European Enterprise Models  New Chances and Challenges
Authors: Chiu Yen-Lin Agnes
Published: April 2022

The introduction of supranational enterprise models is one of the major projects in the course of European economic integration. Thanks to respective EU regulations, entrepreneurs can now choose from three types of legal vehicles (EEIG, SE, SCE) to conduct their business transactions across borderlines, and a fourth is expected to be adopted soon (SPE). Given recent trends to promote European corporate forms, but also keeping in mind that such options may be associated with possible burdens, it is the objective of this article to clarify the special features and overall significance of European enterprise models, in particular from the international perspective of foreign investors. Starting with a brief description of the current regulatory framework, the major part of this article will focus on certain key mechanisms and principles, which are designed to facilitate cross-border business transactions. As a result, the consequences and practical impacts shall be evaluated, especially with regard to potential chances and challenges for entrepreneurs. In conclusion, lessons shall be drawn as to whether European business organizations might serve as useful models for entrepreneurs and investors from both within and outside the European Union (EU).
Contribution of Business Law Reform to Economic Development: Lessons from the Middle East
Authors: Nawafleh Abdullah S.
Published: April 2022

This paper explores whether business law reforms in Arab countries have contributed to their economic development, business legal environment and integration into the international market. Using Jordan as an example, it explores the role of law in economic development in the region. The analysis finds that the Jordanian legal reform has led the country to participate in international markets, by incorporating international legal norms into its own legislation. This legislative reform has also contributed to economic development, allowing Jordan to join the World Trade Organization and enter into Free Trade Agreements, such as those with the United States and the European Union. In addition, the paper shows that other Arab countries, such as Saudi Arabia, that reformed their business regulations led them to join the World Trade Organization and to be ranked amongst the top 25 countries worldwide on their business ease. In contrast, other Arab countries which lack law and its enforcement have been reported to be the worst places in the Middle East to do business. As a result this paper suggests that the Arab Middle Eastern countries should continue in reforming their legal system to make it less rigid for business, to create more jobs, increase productivity and ultimately achieve economic growth.
The Breaking Off of Negotiations in M&A Operations: Comparative Approach
Authors: Couret Alain , Dondero Bruno
Published: April 2022

The breaking off of negotiations does not affect only transfer of companies' ownership operations. Nevertheless, when the breaking off occurs in that particular case, it often implies dramatic consequences. The sudden withdraw from the table of negotiations of the only possible buyer - or at least the person seen as such - may cause a complete stop of the company's activity for a more or less long time.

The hereafter comparative study shows that, in the negotiation context, the duties that the parties must abide by have different sources according to countries. Therefore, the breaking off can be assessed either on tortious liability ground, on breach of contract ground, or even on the basis of an autonomous legal mechanism. The question is commonly addressed under European countries' law systems. However, the question also deserves to be discussed in Common Law countries: even if the latter system refuses to draw legal consequences from a situation which is not yet contractual, the truth is that the Common Law systems are not completely indifferent to the breaking off of negotiations.

When it comes to compensation, even if various legal basis are admitted, the results of damages claims remain modest. The judicial practices of the countries that admit the possibility of compensation actually reveal that the scope of such compensation is always limited. Thus, it appears that compensation for the loss of a chance to sign the contract is universally rejected, and that only damages which are certain, such as negotiation fees and harm to reputation, are taken into account. The loss of a chance to enter into a contract with a third party can occasionally be compensated.
Development of Merger Control in Slovakia and Slovenia
Authors: Malinauskaite Jurgita
Published: April 2022

Slovakia and Slovenia belonged to the former socialist units of Czechoslovakia and Yugoslavia, respectively, which meant that a journey to the EU for both countries was demanding - requiring to undergo through major reforms in their legal, economic and socio-political environments. The introduction of competition law, including merger control rules was another arduous challenge that both Slovakia and Slovenia had to master. This article will critically evaluate the introduction and further development of merger control regimes in Slovakia and Slovenia as far as jurisdictional, procedural and most importantly substantive issues are concerned.
The Allocation of the Burden of Proof in the Area of Producer Responsibility
Authors: Donna Luca Di
Published: April 2022

In the hypothesis of civil liability for defective products, as regulated by the P.D. 24/05/1988, n. 244, the injured party should prove the damage, the causal link between the use of the product and the damage, and that the use of the product was the cause of similar damages, contrary to common expectations, that is, the product when used was defective and did not provide the security that the consumer may expect from it, taking into account all the circumstances. It is the producer who should prove that the defect did not exist when the product was put on the market (in this case, deflation of a breast implant which took place just two years after being inserted into the injured party's body.
The Effect of the Principle of Two Levels in Administrative Judgment: On the Principio Della Domanda and Principio Dispositivo
Authors: Esposito Gianluca Maria
Published: April 2022

The main aim of this article is the mutual implication in the administrative process between the principle of the two levels of jurisdiction and the principio della domanda (the principle of the right to bring proceedings) and the principio dispositivo (the principle of the parties delimiting the scope of the case). The principio della domanda performs in the first instance all its legal significance, giving the parties the absolute rule on the issues that the Court should define. The principio dispositivo, on the contrary, presents it self in the administrative procedure in that particular form defined "principio dispositivo with an acquisitive method."

The principle of two levels of jurisdiction and, in particular, the interpretation the Code of Administrative Procedure provides through the discipline of the appeal affect principio della domanda and principio dispositivo. On appeal, the parties do not have the power to bring new evidence or to produce new documents in respect to the first instance. Hence, it can be asserted that the power of the parties is compressed compared to that exercised in the first instance, while the power of investigation of the Court of its own motion, does not know a similar limitation.
Remedies and Substantive Law  European Dimensions of Economic and Private Law
Authors: Lilleholt Kåre
Published: April 2022

The topic is the private law consequences of breaches of EU law as developed in legislation and case law, and the links with ongoing efforts to establish principles and model rules of European private law. The fields covered in the discussions included competition law, public procurement law, intellectual property law and rules on free movement, with remedies ranging from injunctions and termination of contract to damages and restitution. The papers confirm the underlying assumption that there is a need to develop general doctrines and principles of remedies in EU law and national law.
National Grid Indus: The First Case on Companies Exit Taxation
Authors: Pantazatou Katerina
Published: April 2022

The article examines the contribution of a much anticipated judgment, the National Grid Indus, in the free movement of companies in the European Union. This reference for a preliminary ruling constitutes a remarkable decision of the Grand Chamber of the CJEU, as it can be easily deduced by the number of the intervening Member States. Its significance relies on the fact that it constitutes the first case, decided by the CJEU, on the compatibility of companies' exit taxes with freedom of establishment. It also provides the Court with an opportunity to revisit its Daily Mail and Cartesio case law. The article researches the impact of the judgment on companies' exit taxation, while it also analyses the case in the context of previous case law both on exit taxation on natural persons and companies' freedom of emigration.
Rethinking UK and EU Bank Deposit Insurance
Authors: Kleftouri Nikoletta
Published: April 2022

The purpose of this paper is to examine the regulatory reforms of deposit guarantee schemes in the UK and EU, following the recent financial crisis. It documents the main relevant provisions, and identifies the debates and rationales behind their adoption. European deposit guarantee schemes are in need of a more substantial harmonization in line with a European banking union.
Competition in International Sales Law: Introduction to Special Issue
Authors: Smits Jan
Published: April 2022

In 2011 the European Commission published a proposal for a Regulation on a Common European Sales Law (CESL). This contribution forms the introduction to a special issue of the European Buniness Law Review, discussing the proposed CESL from the viewpoint of competition. If the CESL would be introduced, commercial parties engaged in cross-border transactions within the European Union will have to make an informed choice between the available legal regimes (CESL, CISG and national laws). The question then becomes which of these regimes is the most attractive for parties. The common theme throughout the contributions by Dalhuisen, Kornet, Kruisinga, Low and Meyer is that the Common European Sales Law in its present form will not be an attractive competitor on the European law market.
The Interpretation and Fairness of Standardized Terms: Certainty and Predictability under the CESL and the CISG Compared
Authors: Kornet Nicole
Published: April 2022

The vast majority of cross-border commercial sales transactions are concluded on the basis of standardized contracts. When assessing the competitive advantage of various regulatory instruments such as the new proposal for a Common European Sales Law (CESL) and the UN Convention on the International Sale of Goods (CISG), the nature and purpose of such contracts has to be borne in mind. Since standardized contracts aim to promote certainty, predictability and uniformity with respect to a business' rights and obligations in numerous transactions, a set of rules that fosters certainty, predictability and uniformity in the interpretation and enforceability of such standardized contracts should be preferred. This contribution compares the CESL and the CISG in relation to contract interpretation and the control of fairness of standardized contract terms and concludes that although the CESL may have a competitive advantage in the sense that it deals with standard contract terms more comprehensively, the nature of many of its provisions will not promote legal certainty, predictability and uniformity.
The Procompetitive interpretation of Private Law
Authors: Longobucco Francesco
Published: April 2022

This paper investigates the opportunity of a Procompetitive interpretation of Private Law through an interdisciplinary analysis of Competition Law with Contract Law. The purpose of the research is to demonstrate that the traditional Civil Law might be differently considered and interpreted in the specific market where contractual obligation arises. Under this point of view, for example, it is necessary to adopt a new approach to the traditional notion of legal consideration of the contract, to the ancient rule in pari causa turpitudinis melior est condicio possidentis, to the doctrinal category of protection obligations. All these institutions of Private Law show a full regulatory efficiency in the perspective of Antitrust Law, so that studying nowadays Contract Law requires the interpreter to value both the single contract and the whole complex environment of market where each single contract is made. The final aim of this suggested method is to make Economy and Freedom of Contract more consonant with the value of Human Person.
The Consumer Rights Bill 2013 and Other Stories
Authors: Shears Peter
Published: April 2022

Consumer Law in the UK has '"growed like Topsy". It has been decided by our current government that now is the time for a clearing up, a clarification and a simplification. There is also a EU Directive to be implemented. So here it comes, the Consumer Rights Bill. The government officials have already been told that their plans would need a Bill of about 400 clauses and that if they really mean business they should propose one of about 50. So we anticipate a short Bill and a lot of secondary legislation. In the Queen's Speech on the 8th of May we were promised a draft Bill. It is thought that this may appear later in the summer. This article considers some of their agenda items.
Disputes Resolution in Cyber-State: To Duello or to Arbitrate
Authors: Al-Nuemat Ahmed Adnan , Swelmiyeen Ibrahim Al
Published: April 2022

The growing name of the cyber world demands more strict laws to be created. And these regulations will become more complex and intricate with the development of internet. The only online arbitration model shaped by the Online Dispute Resolution (ODR) society is The Uniform Domain-Name Dispute Resolution Policy (UDRP). The issues related to the domain name have been very efficiently tackled by the E-arbitration (UDRP). Social networking problems such as Control, Non Money Value dispute and the Enforcement Ability are almost similar to the problems in issues related to the domain name. In this research will study the UDRP- based legal frame work Social Network Dispute Resolution. We will also discuss the resemblances between problems related to social network and domain name and will use them in the implementation of UDRP system to solve social network issues.
Food Labelling, Unfair Contracts and Consumer Protection
Authors: Akhtar Zia
Published: April 2022

The EU has approved Regulation 1169/2011 that sets out mandatory labeling for foods and for alcoholic beverages. This law has augmented previous legislation and also prescribed country of origin labeling as compulsory. The UK government has refused to implement this legislation when it becomes effective in 2015 and instead opted for optional traffic signposting for food products to provide the farmers and retailers extra protection in devising their own alternatives to compulsory labeling. There is a heavy onus on the food sellers to adhere to the plank of legislation that protects the consumer from unfair practices. The European Parliament's recommendations that impacts on the food market is to augment its regulation by forming a new task force to monitor the food and retail sector in terms of compliance with the fair trade practices. There is an increasing focus on the food sector in the EU and there are efforts to streamline the diversity of national laws for the upcoming Single Market Act II that will be promulgated in 2015 to align the commercial outlets to harmonise into one framework of rules in governing the protection of the consumer.
The Costa and Cifone ruling: Market Protection of Incumbent Gambling Licensees and the Provision of Cross Border Gaming Services Outside the Scope of the National Concession
Authors: Anagnostaras Georgios
Published: April 2022

Five years since the seminal Placanica ruling, the Court was eventually given the opportunity to ascertain whether the exclusionary effects of the then applicable Italian gambling legislation were indeed remedied in accordance with its relevant judicial pronouncements. In Costa and Cifone, it was called upon to examine in this respect two particular aspects of the reformed Italian gambling licensing regime. First, the requirement that all new concessionaries are obliged to observe a minimum distance from the gaming outlets of already established licensees. Second, the obligation imposed on the competent national authorities to revoke the gambling licence of operators engaging in cross border gaming activities outside the scope of the national concession. The ruling clarifies that the imposition of geographical constraints exclusively on new tenderers contravenes the Placanica case law. It omits to explain though what actually distinguishes the Costa and Cifone scenario from the earlier Blanco Pérez ruling, where the imposition of a similar legislative requirement was in principle accepted in relation to the provision of medicinal services. The ruling also relies on the ambiguity of the Italian gambling law and avoids tackling directly the second preliminary question asked by the referring national court. By doing so, it misses the opportunity to explain whether the obligation to comply with the totality of the conditions governing an awarded gaming licence constitutes the necessary corollary of the exclusion of the mutual recognition principle in the entire gambling area.
Bank Resolution Regimes in Europe  Part II: Resolution Tools and Powers
Authors: Schillig Michael
Published: April 2022

This article continues from Part I in the previous Issue of the European Business Law Review. Pursuant to the Commission's draft Directive of 6 June 2012,1 the slowly emerging EU framework for the recovery and resolution of credit institutions and investment firm rests on 'three pillars': (i) preparatory and preventive measures; (ii) early intervention; and (iii) resolution tools and powers. Part I discussed preparation and prevention and early intervention. Part II seeks to provide an overview and critical assessment of the third pillar - resolution tools and powers - within a comparative context, taking into account the recently reformed laws of the United Kingdom and Germany. This comparative approach highlights the differences between the national laws of the two Member States under consideration and allows exploring the extent to which each national law would be compatible with the Proposal if it were to become law in its current form.
Civil Liability of Credit Rating Agencies after CRA 3  Regulatory All-or-Nothing Approaches between Immunity and Over-Deterrence
Authors: Haar Brigitte
Published: April 2022

Civil liability of rating agencies as provided for in Art. 35a of the newly amended EU-Rating Regulation and as discussed in the preceding process of political consensus- building does not solve well-known problems arising from issues of privity of contract, from difficulties of proof under tort law and from the risk of a market freeze resulting from over-deterrence. The distinction between an actual loss in ressources in the primary market and a loss resulting from redistribution in the secondary market may lead to a more differentiated analysis of the liability question. Presumptions in favor of the investor may help to overcome the insurmountable difficulties of proof relating to causation. Liability caps based on the concept of disgorgement of profits of the rating agencies may help to strike an adequate balance between the danger of macroeconomic harm created by reckless rating agencies and the threat of a market freeze resulting from over-deterrence.
The Civil Procedure Rules 1998  An On-Going Revolution? Their Strengths and Shortcomings
Authors: Turner Robert
Published: April 2022

This article examines various innovations within the modern English civil justice system. In particular, the English procedural code, CPR (1998) Rule 1.4, requires the court to further the overriding objective by `actively' managing cases. This radical innovation gave English judges a new role. Before 1999 most judges had not become involved systematically and actively in case management. They had instead prided themselves on being detached from the preparations for trial other than to respond to applications brought before them by the parties.
Courts Ensuring Compliance with Arbitration Clauses: The Position in English Law
Authors: Andrews Neil
Published: April 2022

Five forms of protection are examined here. Besides (1) stays of judicial proceedings, the English courts can issue (2) an injunction to stop a party acting inconsistently with an arbitration agreement (English anti-suit relief remains available where the court proceedings occur outside the European Union. (3) The decision to grant the injunction also creates an issue estoppel on the effects of the arbitration agreement. That estoppel binds an arbitral tribunal with a seat in England. (4) Declarations and (5) damages are further forms of relief.
Determining Damages incurred by False Information on the Securities Market
Authors: Norros Olli
Published: April 2022

Providing information to the market is one of the most important duties of a listed company on the securities market. If the information on the market is insufficient, false or misleading, the issuer may in most jurisdictions be held liable for the loss caused to the investors. The question of recoverable loss has generally been regarded as highly ambiguous. In this paper it is claimed that the recoverable economic interest is to be understood, as a general rule, as the difference between the realized purchase or sell price and the hypothetical, undistorted price. The prima facie method for computing the difference is the event study methodology, which focuses on daily abnormal returns. From the viewpoint of loss calculation, it is immaterial whether the investor has gained a net profit or loss on the investment. Moreover, the investor's right to compensation for public market disclosure error should be neither hindered nor reduced on the grounds that the liquidation of the investment does not occur or is delayed. However, if the corrective disclosure and the crash subsequent to it are followed by a counter-reaction in the market price, this may crucially delimit the recoverable damage of an investor who still holds the stocks at the moment of the damage claim.
Legal Options of a Withdrawal from the Euro and the Reassignment of Monetary Sovereignty
Authors: Meyer-Harport Dirk
Published: April 2022

A withdrawal from the eurozone requires thorough planning and preparation. Contrary to the presumption that only the creation of a monetary union would need coordination, a consensual agreement between the Member States is absolutely necessary to prevent problems for the new currency and conflicts with the remaining union. As a result of the premise of irreversibility, according to which a downgrading of euro membership is not possible, the EU Treaty explicitly does not provide for an exit from the eurozone. This article examines the legal options of a withdrawal from the third stage and necessary steps towards an exiting state having its own currency. Closing remarks consider the valid currency in old contracts.
Potential Impact of the New Post-Crisis Regulatory Approach to Financial Derivatives
Authors: Laucius Gediminas
Published: April 2022

In the aftermath of the global financial crisis efforts have been made by G-20 to address the drawbacks of the regulatory framework in which the financial system operates. As financial derivatives exacerbated the crisis, a significant emphasis in the working agenda has been put on the reframing the regulatory environment in which derivatives are traded. This article focuses on the regulatory measures adopted in the EU and the US.

Having observed that the regulatory reform is likely to have positive effects in such areas as counterparty credit risk exposure, market transparency, liquidity etc., as well as having identified some fields of concern as to regulatory arbitrage, increased transaction costs or accumulation of substantial credit risks by central counterparties, the article arrives at the conclusion that the most evident 'gap' of the reform is a failure to address the speculation with 'naked' derivatives. In the light of the cost-benefit analysis of the 'purely' speculative derivatives, it is argued that this gap of the global regulatory reform could be filled with the re-introduction of the common-law judicial rule against differences. In order for this rule to be effective in the 21st century the article comes out with specific suggestions on its improvement.
The Quest for Uniformity between National Competition Authorities and Courts
Authors: Pistoia Emanuela
Published: April 2022

In the three-pillared system established by Regulation 1/2003, and particularly in the decentralized enforcement environment that this parallel system corresponds to, the need for uniformity arises not only as far as the national level (NJs and NCAs v. the Commission is concerned), but also within the national level itself. This essay aims at exploring the possible solutions, based on European Union law, to the potential shortcomings regarding coherence arising at this level. A prominent feature is Article 9 of the Directive on damages actions, which establishes that a .nal decision of a NCA or a review court should be binding in subsequent actions for damages brought before their national courts. This provision is assessed in the context of the principles of European Union law relevant for the co-ordination between NJs and NCAs. Second, the only direct communication tool between NJs and NCAs set out in regulation 1/2003, i.e., Article 15(3), is examined closely. On the basis of this two-phased analysis, the actions that NJs should take pending proceedings before an NCA or in case of a previous decision of the NCA on the same or on related anti-competitive behaviour falling within the scope of Article 101 or Article 102 TFEU, and vice versa, are sketched out and discussed.
Spanish Legal System on Disclosure in Franchise Networks: Problems and Proposals for an Improved Regulation
Authors: Miravalls Jaume Martí
Published: April 2022

Spanish law obliges franchisors to be transparent in their dealings with potential franchisees in two ways: by imposing upon them the duty to provide certain pre-contractual information and by requiring them to register in the Franchisor Registry. This paper will give the reader an overview of the concept of Franchise and the legal framework within which it must be understood. It will go on to explain the conditions and the administrative requirements that franchisors must comply with as a consequence of the introduction of the Franchisor Registry. And, finally, will consider the pre-contractual obligation of franchisors to disclose information to prospective franchisees and conclude with a brief critical analysis of how these questions are regulated in Spanish law.