selection

private law

This tag is associated with 5 posts

Contracts for the supply of digital content and digital services [EU Legislation in Progress]

The digital content directive was proposed by the European Commission as part of a legislative package, alongside the online sales directive, to facilitate the development of the internal market for such content. Continue reading

Brand protection: new trends in EU case-law

At present, EU law and especially the case-law of the Court of Justice of the EU (CJEU) provides wide-ranging protection of brands, which are considered as trademarks in law, covering such functions of trademarks as their use for the purposes of advertising, investment and communication with consumers. However, this approach causes controversy because it broadens … Continue reading

International parental child abduction

The growing mobility of citizens in the last two decades has led to increasing numbers of international couples. In 2011, out of approximately 122 million marriages in the European Union, around 13% had a cross-border dimension. Regarding divorce rates, according to 2010 Eurostat data, around 1 million divorces take place in the EU each year. … Continue reading

Private law, democracy, fairness

The famous political philosopher John Rawls (1921-2002) put forward a theory of justice according to which the ‘basic structure of society‘ (its political, legal and economic arrangements) has the key task of distributing benefits and burdens among members of that society. Whether a given society is fair, depends ultimately on its ‘basic structure‘. A controversial … Continue reading

Methods for unifying private law in the EU

Private law regulates rela­tionships between private individuals, for example between a consumer and a business. The EU may legislate in this area only where specifically authorised by the Treaties, for instance to harmonise national private-law rules posing obstacles to the functioning of the internal market, or to promote judicial cooperation in civil matters. The two … Continue reading

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