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The Law of Obligations in Central and Southeast Europe examines the
new codifications, reforms, and other recent developments in
Central and Southeast Europe which have significantly modernized
the law of obligations in the last two decades, focusing
particularly on the legal systems of Poland, Czech Republic, Slovak
Republic, Hungary, Slovenia, Croatia, Serbia, and Turkey. With
chapters authored by prominent academics and promising young legal
scholars, this book discusses the results of the modernizations and
describes the legislative reforms of the law of obligations that
are underway or are discussed and advocated for in the countries of
Central and Southeast Europe. Divergences of the new civil codes
and other legislative acts from earlier legal solutions are
identified and the rationale behind these departures is analysed,
as well as the introduction of the new legal institutes in the law
of obligations in these parts of the world. The Introduction
provides a concise country-by-country overview of the
recodification, modernization, and reform of the law of obligations
in Central and Southeast Europe. In Part I, chapters discuss the
process of recodification in the Slovak Republic, Czech Republic,
Poland, and Hungary, with focus on the main novelties in their
contract and tort law. The chapters in Part II then discuss
several, more specific legal institutes of the law of obligations,
and other recent developments and contemporary challenges to the
law of obligations in the Czech Republic, Slovenia, Croatia,
Serbia, and Turkey. This book is of interest to legal scholars in
the field of private law, as well as to students, practitioners,
members of law reform bodies, and civil servants in Central and
Southeast Europe, and beyond.
Digital Technologies and the Law of Obligations critically examines
the emergence of new digital technologies and the challenges they
pose to the traditional law of obligations, and discusses the
extent to which existing contract and tort law rules and doctrines
are equipped to meet these new challenges. This book covers various
contract and tort law issues raised by emerging technologies -
including distributed ledger technology, blockchain-based smart
contracts, and artificial intelligence - as well as by the
evolution of the internet into a participative web fuelled by
user-generated content, and by the rise of the modern-day
collaborative economy facilitated by digital technologies. Chapters
address these topics from the perspective of both the common law
and the civil law tradition. While mostly focused on the current
state of affairs and recent debates and initiatives within the
European Union regulatory framework, contributors also discuss the
central themes from the perspective of the national law of
obligations, examining the adaptability of existing legal doctrines
to contemporary challenges, addressing the occasional legislative
attempts to deal with the private law aspects of these challenges,
and pointing to issues where legislative interventions would be
most welcomed. Case studies are drawn from the United States,
Singapore, and other parts of the common law world. Digital
Technologies and the Law of Obligations will be of interest to
legal scholars and researchers in the fields of contract law, tort
law, and digital law, as well as to legal practitioners and members
of law reform bodies.
EU Private Law and the CISG examines selected EU directives in the
field of private law and their effects on the national private law
systems of several EU Member States and discusses certain specific
concepts of the United Nations Convention on Contracts for the
International Sale of Goods (CISG) in light of the CISG's recent
fortieth anniversary. The most prominent influence of EU law on
national private law systems is in the area of the law of
obligations, thus the book focuses on several EU private law
directives that cover the issues belonging to contract and tort
law, as interpreted in the case law of the Court of Justice of the
EU. EU private law concepts need to be interpreted autonomously and
uniformly rather than through the lens of national private law
systems. The same is true for the CISG which has not only been one
of the most successful instruments of the international trade law
unification but had also influenced both the EU private law and
domestic laws. In Part I, focused on the EU private law and its
effects for national laws, chapters examine the recent Digital
Content and Services Directive and its likely impact on the
contract law of the UK and Ireland, the role aggressive commercial
practices play in EU banking and credit legislation, the
applicability of the EU private international law rules to
collective redress, the unfair contract terms regime of the Late
Payment Directive and its transposition into Croatian law, the
implementation of the Commercial Agency Directive in Denmark,
Estonia and Germany, and disgorgement of profits as remedy provided
in the Trade Secrets Directive. In Part II, dealing with selected
CISG issues, chapters discuss the autonomous interpretation of
CISG's concept of sale by auction and its notion of intellectual
property, as well as the CISG's principle of freedom of form and
the possibility for reservations with the effect of its exclusion.
The book will be of interest to legal scholars in the field of EU
private law and international trade law, as well as to the
students, practitioners, members of law reform bodies, and civil
servants in Europe, and beyond.
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