The Transformation of Private Law – Principles of Contract and Tort as European and International Law: A Liber Amicorum for Mads Andenas at the Occasion of his 65th Birthday

ISBN-13: 9783031284960 / Angielski

Maren Heidemann

Opis

Eminent lawyers from academia, international judiciary and legal practice join up to honour Professor Mads Andenas QC (Hon) on the occasion of his 65th birthday in 2022. Contributions form a cutting edge volume across legal disciplines to last beyond the immediate occasion.

The general private law of tort and delict is subject to a transformation where the traditional national framework is becoming gradually less relevant. Much of the modernisation of private law takes place not at the domestic level but at a European or international level such as in international commercial conventions or EU consumer protection legislation. Remedies in regulatory law are becoming ever more important. The role of the European Court of Justice in developing general principles of contract and tort is ever increasing. Tort liability is an important subject of international conventions with the case law of the International Court of Justice developing general principles of tort liability in public international law.

Spis treści

Transformations: An Introduction to this volume and reflections on uniform law conventions as public and private law.- Part One – European framework – the world we live in.- Six Very Strange Years.- Brave New World: Dispute resolution under the EU – UK Trade and Cooperation Agreement.- Brexit and Arbitration Agreements.- Transnational commercial litigation. Discussing the 2020 Model Rules and the 2019 Hague and 2018 Singapore Conventions.-  Style and Form of Judgments in France : enter the Rapporteur public.- The Norwegian Concept of “Room for Manoeuvre”: A Nail in the EEA’s Coffin.- The Reach of Free Movement: The Right to Export Sickness Benefits Within the European Union and the European Economic Area.- Part Two– Transformations in public international law.- General Principles of Law in International Law and Common Law.- The Chorzow Factory Case and the Protection of Industrial Property under International Law.- Settlement of disputes by the International Court of Justice: two souls in the Court’s breast.- A Developing Field of Activity: Reparation for Breaches of Human Rights in the Case Law of the International Court of Justice.- The jurisprudence of the International Court of Justice between utilitas publica and utilitas singulorum (1947-1962).- The Factory of Chorzów case: a bridge between international law and private law.- Part Three – Transformations in private law – method and public policy.- Fundamental rights, freedoms and contract law. Comparing legal systems.- Poverty in the capitalistic legal order.- Hayek in Brussels. Uniform Private Law and neo-liberal orthodoxy.- Another Europe after the pandemic? Reflections on solidarity and the nature of private rights.- Ruling economic contractual relations: the predictability of pandemics and of their implications.- Part Four – Transformations in contract law.- The developing role of good faith and the emerging concept of a relational contract.- Trust and the (EU) Capital Market. Theory and Case Studies on a New Mesotes in Business Law.- The fiduciary entrustment contract.- Spunti di riflessione in tema di diligenza e autonomia privata nel diritto privato italiano.- La prudenza come paradigma conoscitivo nei sistemi di civil law: l’influsso sulla formazione del giurista.- Europe needs a true business law. What does that mean?.- Some Reflections on the Nature of Decentralized (Autonomous) Organizations.- Contract automation from telematic agreement to smart contracts.- Some considerations for research on the sale of movable goods.- The French Model and the Development of Authors’ Rights.- The control of contract power and standard terms in Italy and Canada: a comparative overview.- Part Five – Transformations in tort law.- Forty Years of travels in the province of the law of tort. A memoir.- Damages and Benefits: new rules for the Compensatio Lucri cum Damno doctrine.- A Flower Never Blossomed: The Overshadowed Silhouette of Privacy in the Realm of the English Law of Tort.- Artificial intelligence and liability: the strategy of the European Union.- Damages liability caused by robot and artificial intelligence: a question of safety.- Artificial Intelligence And Tort Liability.- Part Six – Transformations in EU law – tort, remedies and interventions.- The EU, the Member States and Damages Liability.- Supervisory liability for surveillance failure in the EU financial system.- EU Financial Regulation and Private Law: Towards a Holistic Approach.- The remedies of retail clients of investment firms in the light of the decisions of the Italian Financial Ombudsman.- Consumer protection extended to commonholds in the view of the Court of Justice of the European Union.- Financial resilience issues in agriculture.- Part Seven – Digitalised world – assets, privacy and party autonomy.- International Regulatory Competition in Crypto Finance and Comparative Discussions.- The role of the EU Court of Justice in relation to the European law on eCommerce and liability of Internet Service Providers.- Smart contracts in the financial sector: Fintech's prospects and risks.- Legal protection of the human personality and the emergence of digital identity. The case of Italy.- A Multifaceted Issue Called “Big Data”: Different views on Privacy, Consumer Protection and Free Trade in Search for a Synthesis.- Data and Territory. The impact of the “local” in the regulation of digital technologies and algorithmic decision-making.- Informed Consent in Italian Digitalized Insurance Contracts. From the Privacy Shield to Schrems II.

O autorze

Prof. Maren Heidemann is a qualified lawyer, a director of The London Centre for Commercial and Financial Law as well as guest lecturer and tutor at the Centre for Commercial Law Studies (CCLS), Queen Mary, University of London, England, United Kingdom.

Blurb

Eminent lawyers from academia, international judiciary and legal practice join up to honour Professor Mads Andenas KC (Hon). Contributions form a cutting edge volume across legal disciplines led by an advisory editorial committee including Prof. Guido Alpa, Prof. Carl Baudenbacher, Prof. Eirik Bjorge, Prof. Giuseppe Conte and Prof. Duncan Fairgrieve.

The general private law of tort and delict is subject to a transformation where the traditional national framework is becoming gradually less relevant. Much of the modernisation of private law takes place not at the domestic level but at a European or international level such as in international commercial conventions or EU consumer protection legislation. Remedies in regulatory law are becoming ever more important. The role of the European Court of Justice in developing general principles of contract and tort is ever increasing. Tort liability is an important subject of international conventions with the case law of the International Court of Justice developing general principles of tort liability in public international law.