Uber--Brave New Service or Unfair Competition: Legal Analysis of the Nature of Uber Services

ISBN-13: 9783030315344 / Angielski / Twarda / 2019 / 213 str.

Jasenko Marin; Sinisa Petrovic; Miso Mudric

Spis treści

Chapter 1. Introduction.- Chapter 2. Comparative Analysis of Public Carriage of Passengers by Road Services: Taxi Services and Rent-a-Car with Driver Services.- Chapter 3. Digital Economy and Ride-Sharing in Perspective.- Chapter 4. Internet Platforms and Carriage of Passengers by Road Sector.- Chapter 5. Freedom of Services and Carriage of Passengers by Road Sector.- Chapter 6. C-434/15 – Nature of Uber Services and Carriage of Passengers by Road Sector.- Chapter 7. Laissez-faire and Status Quo Models for Uber Services Regulation.- Chapter 8. Legal Adjustment and New Legislative Paradigm Models for Uber Services Regulation.- Chapter 9. Passengers’ Rights and Consumer Protection.- Chapter 10. Data Protection and Consumer Protection.- Chapter 11. Market Competition in the Carriage of Passengers’ Market.- Chapter 12. Uber Incorporated: Breaking the Legal Veil.- Chapter 13. Employees vs. Self-Employed Status Ramifications.- Chapter 14. Taxation Law and Contracting of Uber Services.- Chapter 15. Summary and Main Findings.

O autorze

Jasenko Marin, Ph.D., is a Full Professor with permanent tenure at the University of Zagreb (Croatia), Faculty of Law, Department for Maritime and Transport Law. He lectures on maritime law, transport law and insurance law at graduate and postgraduate level. He was the vice-dean of the Zagreb Faculty of Law in 2015-2017. He is a member of the Academic Advisory Committee established by the Institute for European Traffic Law. He is an arbitrator at the Shanghai International Economic and Trade Arbitration (SHIAC). He is also an arbitrator at the Permanent Arbitration Court at the Croatian Chamber of Commerce. He was the insurance ombudsman appointed by the Croatian Insurance Bureau in 2014-2018. Professor Marin is the author of numerous publications, including one university textbook, several scientific monographs and book chapters, as well as of more than 50 articles related to transport law and insurance law.

SinišaPetrović, Ph.D., is a Full Professor at the University of Zagreb (Croatia), Faculty of Law, Department for Commercial Law and Company Law. He is the author of numerous papers in the field of commercial law, company law, competition law and sports law. He was the vice-dean of the Faculty of Law in 1999–2001. In addition, he was involved in negotiations on the accession of the Republic of Croatia to the EU. He was a member and vice-president of the Croatian Competition Council 1998–2003; and member of the delegation of the Republic of Croatia at the Proximity Peace Talks on Bosnia and Herzegovina, Dayton, Ohio, 1995. Professor Petrović has been an arbitrator in several international commercial disputes.

MišoMudrić, Ph.D., is an Assistant Professor at the University of Zagreb (Croatia), Faculty of Law, Department for Maritime and Transport Law, where he lectures on maritime and transport law, carriage of goods by sea, insurance law, transport insurance law, energy law and private security services and law. He is also an arbitrator at the Permanent Arbitration Court at the Croatian Chamber of Commerce. He obtained a PhD degree at the Faculty of Law, University of Hamburg, and is a Scholar of the Max Planck Institute for Comparative and International Private Law in Hamburg. Professor Mudrić is the Vice President of the Croatian Maritime Law Association, and a member of the International Working groups “Reformulation of the Lex Maritima” and “Maritime Law for Unmanned Ships”, Comité Maritime International. He has over 60 publications to his name, including two monographs and a number of book chapters.

HrvojeLisičar,Ph.D.,  is an Assistant Professor at the University of Zagreb (Croatia), Faculty of Law, Department for Legal Informatics. His academic research focuses on the regulation of electronic media, Internet governance, data protection and information technology law and policy affecting the flow of information in the digital society. Professor Lisičar is the author and co-author of numerous publications on information technology law, regulation of electronic media, data protection and electronic commerce law. As a member of numerous forums and working groups he was involved in the process of drafting national strategies and laws that regulate information security and online media and electronic commerce in the Republic of Croatia.

Blurb

This book analyzes the legal issues connected with the provision of Uber-related services. It primarily focuses on the various contractual and non-contractual relationships that occur during the use of Uber applications, especially with reference to Uber headquarters (Uber App), Uber branch offices (advertisements), Uber partner drivers (employees or self-employed), Uber application registered users, Uber transportation service users (contracting passenger) and third-party Uber transportation service users (additional passenger). It also provides a comparison of standard transportation services and contracts of carriage, irrespective of whether the carrier in question is a common carrier, contractual carrier, actual carrier or an intermediary service provider. Furthermore, the book presents the relevant case law, especially with regard to Uber as a taxi service, Uber as a share-riding service, Uber as a rent-a-car with driver service, Uber as an employer and Uber as a key organizer of transportation service, in Croatia, Belgium, Germany, Italy, the Netherlands, United Kingdom, United States, Hungary, Argentina, and France. Lastly, it explores the different legislative approaches to resolving various issues related to the appearance of Uber and similar companies – the Laissez-faire model, Status Quo model, Legal Adjustment model, and the New Legislative Paradigm model.