European Private Law: Autumn/Winter 2009

European Private Law: Autumn/Winter 2009 - Volume 2 - Issue 2

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Editorial


Editorial

By: Wim Muller   UK - Download PDF Version Download pdf (UK)

Articles


Creditor’s Fault: In Search of a Comparative Frame

By: Fabrizio Cafaggi   UK - Download PDF Version Download pdf (UK)

In this article, I compare the role of the creditor’s (promisee’s) conduct in contractual relationships in US and European legal systems. Different approaches to comparative negligence and mitigation are first considered, and then a more general analysis of doctrines dealing with the creditor’s position in the contractual relationship and the role of cooperation is carried out.

Democracy and (European) Private Law: A Functional Approach

By: Jan M. Smits   UK - Download PDF Version Download pdf (UK)

The development towards a Common Frame of Reference for European private law not only raises questions about what should be the contents of private law rules for the European Union, but it also challenges our traditional understanding of how rules of private law should come into being.

Bibliotecas Digitales y Obras Cautivas

By: Maria Iglesias   ES - Download PDF Version Download pdf (ES)

El destino natural de una obra es el público. La mayoría de las creaciones intelectuales, en todo caso las publicadas, incorporan un discurso para ser transmitido al público. Sin embargo, se dan situaciones en las que las obras se ven obligadas, a causa de la configuración específica de los derechos de propiedad intelectual, a permanecer calladas.

Cartesio and Grunkin-Paul: Mutual Recognition as a Vested Rights Theory Based on Party Autonomy in Private Law

By: Jan-Jaap Kuipers   UK - Download PDF Version Download pdf (UK)

PIL lawyers often submit that their topic is neglected by Community lawyers. It is true that the EEC Treaty merely made one reference to PIL, stipulating that member states will enter with each other into negotiations concerning the simplification of recognition and enforcement of judicial decisions, which resulted in the Brussels I Convention.

Cartesio: Analysis of the Case

By: Beata Węgrzynowska   UK - Download PDF Version Download pdf (UK)

The judgment of the European Court of Justice in the Cartesio case delivered another interpretation of Articles 43 and 48 EC Treaty.In the latest judgment on companies’ mobility, the ECJ examined the case of the Hungarian partnership Cartesio that wished to transfer its registered seat abroad without changing the applicable law.

Book Reviews


Making European Private Law - Book Review; Fabrizio CAFAGGI and Horatia MUIR WATT, Making European Private Law: Governance Design, Chaltenham, Elgar, 2008

By: Marija Bartl   UK - Download PDF Version Download pdf (UK)

In February 2009 the final version of the Academic Draft Common Frame of Reference was published; its political fate is however still not entirely clear. The book under review here is a major contribution to the debate about what kind of European Private Law do we want: is it a European civil code (hereinafter ECC), some other sort of uniform ordering, or has the time come to consider different possibilities.

The Rise and Fall of the EU’s Constitutional Treaty - Book Review; Finn LAURSEN, The Rise and Fall of the EU’s Constitutional Treaty, Leiden, Nijhoff, 2008

By: Sacha Garben   UK - Download PDF Version Download pdf (UK)

The recent financial meltdown has served to create a common sense in Europe that, for one, it is a good thing to belong to the EU club if such a crisis occurs, and second, that it is even better to belong to the single currency club. The introduction of the EURO, which has been identified as one of the main reasons of the infamous Dutch ‘no’ in the referendum on the Constitutional Treaty, appears to have saved Europe from a currency crisis on top of the credit crunch

Winning the Global Development Challenge - Book Review; JOHN W. HEAD, Losing the Global Development War: A Contemporary Critique of the IMF, the World Bank, and the WTO, Leiden, Nijhoff, 2008.

By: Valentina Vadi   UK - Download PDF Version Download pdf (UK)

There are not so many topics as timely as development in the international law discourse. This multifaceted concept and the challenge it poses have generated lively debates at the international level. Development is the major topic of Losing the Global Development War which not only provides an overview of the conceptual breadth of the term but also analyses and critically assesses the current criticisms against the three major international organisations dealing with this objective; i.e., the World Trade Organisation (WTO), the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (IBRD) or World Bank.

All Quiet on the Western Intervention Front: A Brave Attempt to Trace New Routes over Well-Travelled Ground- Book Review; Philip ALSTON and Euan Mc DONALD, Human Rights, Intervention, and the Use of Force, Oxford, Oxford University Press, 2008

By: Ciarán Burke   UK - Download PDF Version Download pdf (UK)

This collection of eight essays represents a detailed discussion on the legal, ethical and political framework surrounding the humanitarian intervention debate. The authors examine various different issues involved in the sphere, ranging from the impact of intervention and human rights on traditional notions of state sovereignty to the rules on ‘targeted killing’ and the development of the responsibility to protect initiative. Their collective work may be useful as a reference point for any student wishing to broaden his or her knowledge of this area.

Not Taking Analytics Too Seriously - Book Review; Sean COYLE, From Positivism to Idealism: A Study of the Moral Dimensions of Legality, Aldershot, Ashgate, 2007

By: Axelle Reiter-Korkmaz   UK - Download PDF Version Download pdf (UK)

The book under review proposes a vision of the ethical aspects of legality that is an alternative to that of most contemporary legal theorists. It departs from the methodology and postulates of the analytical jurisprudential tradition and attempts to reconnect law with its moral and political essence, as expressed in concrete life experiences.





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