10 Years After Romania’s Accesion to the EU: European Contract Law (Doctrinal and Empirical Observations)


The Maastricht European Private Law Institute and the Legal Research Institute of the Romanian Academy (Centre for the Study of European Law – CSDE) are organising a conference on current issues of European contract law. 2017 marks a decade after Romania’s accession to the European Union, which is a meaningful moment for legal researchers to evaluate various aspects in different sub-areas of private law with respect to the development of the Romanian legal system as a legal system of the European Union.

The conference will include both doctrinal and empirical observations on European contract law. At the same time, the conference will serve as a dissemination platform for the first empirical study on the application of European law by Romanian national judges.

The event will also honour Prof. Nicolae Turcu, the former president of the Romanian Legislative Council’s Civil Law Section, who passed away earlier this year, to the grief of both legal academia and practice.

The full programme of the event can be found here (in Romanian/English).

Registration requests can be sent to ardae2007@gmail.com until 20 October 2017.

The conference is free of charge.

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Road traffic and other liability in Formula 1?

On Sunday morning 1 October, all of the Netherlands was behind their tv or internet connection to watch ‘our’ Max Verstappen win the Malaysian Grand Prix. Besides watching a very exciting race, I wondered about some of the accidents that happen between drivers on the track. I was especially intrigued with the incident between Lance Stroll and Sebastian Vettel.

If one formula one car hits another, and one of the parties is to blame, does that create liability to pay for the repairs of the other?

Of course, like in other sports, the standard of care that we assume between ‘players’ is different than in the ordinary course of life and business, but I am not speaking about bodily harm. The material damage to Vettel’s car, which was estimated by Dutch former formula 1 driver Robert Doornbos on Dutch TV of about half a million Euro, is now to be born by Ferrari?

The liability regime the applies to damage occurring, either by intentional act or by negligence, is traditionally covered by the place where the damage occurs (lex loci delicti). So Malaysian law applies to damage occurring during the Malaysian Grand Prix, etc. A quick google search reveals that there are special liability rules for the Singapore Grand Prix.

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A Bank’s Duty of Care and the Anglo-American/European Divide

By Professor Cees van Dam 

 

This summer, Hart Publishing published the book ’A Bank’s Duty of Care’ I edited with my colleague Professor Danny Busch from the Radboud University in Nijmegen.

In recent years, an increasing number of customers and investors have filed claims against banks, such as for mis-selling financial products, poor financial advice, and insufficient disclosure of and warning about financial risks. In case law and legislation, the scope of a bank’s duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated financial products but also protection of professional parties against more obvious risks of relatively straightforward products.

The book provides reports of how nine jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a chapter on the EU regulatory framework, particularly the MiFID I and II conduct-of-business provisions (Markets in Financial Instruments Directives).

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The UK and European Private Law, what’s next?

In the past I have reported on this forum about a simulation that William Bull and I run with Maastricht European Law School Students called the Maastricht Project. In this project, which runs in our course on European Private Law (focusing on contract, property and a bit of tort), we divide students amongst Member State delegations, the European Commission, a presidency and a fictive institute of European Institutional Economics (with the specific aim to bring economic arguments forward). We then run a 7-week negotiation simulation with our students in which we simulate a Council of the EU working group. Students play the role of delegate members and debate a fictive proposal on EU private law, made by the European Commission delegation students. For this, students borrow from the CESL, DCFR and Digital Assets proposals of the European Commission.

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Re- De- Co-dification? New Insights on the Codification of Private Law in Europe

M-EPLI Roundtable on May 12th 2017

The Roundtable will address recent developments and new perspectives on the codification of private law from a comparative law viewpoint. Scholars from six jurisdictions from Europe will share their insights on the main alterations and challenges that the codification phenomenon has experienced since the beginning of the twenty-first century. Speakers from continental European, common law, and mixed jurisdictions will meet to assess the virtues and weaknesses of the codification phenomenon, thus offering a forum to discuss the status of a paradigm that spread across part of the Western world.

For registration please contact Lars van Vliet at l.vanvliet@maastrichtuniversity.nl.

 

Organization

The event is part of the Roundtable Series of the Maastricht European Private Law Institute (M-EPLI), and is organized by Lars van Vliet (l.vanvliet@maastrichtuniversity.nl) and Agustí­n Parise. Funds for the realization of the event were provided by the Science Committee of the Faculty of Law of Maastricht University and the University Fund Limburg.

 

Location

Tapijnkazerne 21 ‘Building Z’, 6211 ME Maastricht

 

Programme

09:00 Opening Remarks, Lars van Vliet (Maastricht University)

 

First Session
Moderator: Bram Akkermans (Maastricht University)

09:05 William Swadling (University of Oxford, England)
Perspectives from England
09:25 Discussion

09:40 Martin A. Hogg (Edinburgh Law School, Scotland)
Perspectives from Scotland
10:00 Discussion

10:15 Jan Smits (Maastricht University)
Perspectives from the Netherlands
10:35 Discussion

10:50 Coffee Break

 

Second Session
Moderator: Lotte Meurkens (Maastricht University)

11:15 Monika Hinteregger (Karl-Franzens-Universität Graz, Austria)
Perspectives from Austria
11:35 Discussion

11:50 Vincent Sagaert (KU Leuven, Belgium)
Perspectives from Belgium
12:10 Discussion

12:25 Mustapha Mekki (Université Paris XIII, IRDA, France)
Perspectives from France
12:45 Discussion

13:00 General Discussion, moderated by Gijs van Dijck (Maastricht University)

13:15 Closing Remarks, Agustín Parise (Maastricht University)

13:30 Lunch (Faculty of Law, Bouillonstraat 1-3, 6211 LH Maastricht)

 

For registration please contact Lars van Vliet at l.vanvliet@maastrichtuniversity.nl.

 

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Research on Dispute Resolution Clauses by Maryam Salehijam

Maryam Salehijam is a European Law School (Faculty of Law, Maastricht University) alumna who is currently doing her PhD research at the Transnational Law Centre of the University of Ghent under the supervision of Maud Piers. Maryam is undertaking research on the familiarity of legal professionals (including lawyers and third-party neutrals) with dispute resolution clauses which provide for non-binding ADR mechanisms such as mediation and conciliation. Her research focuses on legal professionals from the following jurisdictions: Austria, Australia, England & Wales, Germany, Singapore, the Netherlands, and the United States.

For her research, Maryam is gathering data by means of a short questionnaire which can be accessed here and which Maryam elaborates on below. Should you have any expertise in the relevant jurisdictions and would like to contribute to her research, we kindly invite you to have a look at the questionnaire or contact Maryam directly.

By Maryam Salehijam:

​Call to Participate in a Questionnaire on Dispute Resolution Clauses

There is a lack of clarity regarding the obligations that arise from dispute resolution agreements with a mediation/conciliation component. In order to reduce this uncertainty, a chapter of the BOF funded PhD research of Maryam Salehijam (supervisor: Professor Maud Piers) from the Transnational Law Center at the University of Ghent focuses on the question “What are the parties’ obligations under an ADR agreement?”

To answer this question, the research is divided into two stages: the first stage involves a questionnaire that assesses the familiarity of legal professionals –including lawyers and third-party neutrals- in selected jurisdictions (Austria, Australia, England & Wales, Germany, Singapore, the Netherlands, and the United States) with dispute resolution clauses calling for non-binding ADR mechanisms such as mediation/conciliation. Moreover, the questionnaire provides willing participants the opportunity to copy and paste a model or previously utilized dispute resolution clause. In the second stage, the clauses gathered as well as clauses extracted from other sources will be content coded using the software NVivo in order to determine which obligations tend to be reoccurring in the majority of the clauses under analysis.

The questionnaire targets individuals who have experience with commercial dispute resolution. The participation in the short questionnaire will require minimum effort, as most questions only require a simple mouse-click. Please note that the information entered in the survey is kept anonymous unless indicated to the contrary by the participants. Moreover, as the analysis takes place on an aggregated level, the findings will not disclose personally identifiable information. Accordingly, the information provided will only serve scientific purposes.

To complete the questionnaire, please click here to access the survey. The closing date of the survey is 29th April 2017.

If you wish to provide the model/previously used dispute resolution clauses without completing the questionnaire, please email Maryam Salehijam at maryam.salehijam@ugent.be

Maryam Salehijam

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