Search results for ""Author Reiner Schulze""

The rapid expansion of non-discrimination provisions through EU legislation and court decisions gives rise to the need to determine the foundations, objectives and limitations of protection against discrimination in relation to freedom of contract. This new challenge in the field of European private law may only be overcome through a discussion of the different legal traditions in Europe. Such a discussion is presented in this volume by legal scholars from a number of European nations.

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The European Commission adopted its Digital Single Market Strategy in May 2015. Three years later, legislative measures are emerging which aim to tackle the unique legal problems arising from the supply of digital content and which will shape the development of national and European law in the future. The Digital Content Directive is set to play a central rule in this development. Its provisions on conformity and remedies for non-conforming digital content concern the heart of the protection for the consumer. Its rules will not only have to be transposed into national law over the coming years but will also interact with existing provisions from the Consumer Rights Directive 2011/83/EU, the E-Commerce Directive 2000/31/EU, and the Portability Regulation 2017/1128 in order for the legal framework on the supply of digital content to function. The Commentary contains an in-depth, article-by-article analysis of core provisions concerning the supply of digital content: from the pre-contractual information duties and cancellation rights to conformity and portability of digital content. The contributors are legal experts from across the EU. Their comments give not only detailed explanations of the background and purpose of the provisions in order to assist interpretation, but also indicate potential difficulties and solutions in order to ease transposition and implementation of the rules on the supply of digital content. It will be an essential guide for legislators, practitioners and scholars.

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This book assesses the impact of the implementation of EU Directives 2019/770 (DCD) and 2019/771 (SGD) in the EU Member States. Taking a country report approach, each contribution pays specific attention to the systematic implications (e.g. the relationship with the law of obligations and contracts, intellectual property law and data protection law), to the influence on the formation of concepts and terms in the national law. In addition, the author of each country report investigates the use of the options which the EU legislator left in the discretion of national legislators (e.g. Art. 12 SGD). Finally, the book explores any voluntary extended implementation of the contents of the directives. It offers a complete guide to DCD and SGD and their implementation across the EU.

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This book provides a critical assessment of European private law, to suggest how it might develop in the future. It reflects on how its recent expansive period, heralding an ambitious future including a European Civil Code, came to an abrupt end. It suggests that development can still happen, albeit in a fragmented way and on a smaller scale. This is an insightful and ultimately hopeful analysis of what might lie ahead.

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This book unlocks the content, approaches and objectives of European contract law. European contract law is not only a core aspect of European private law but also plays a highly important role in the development of contract law at a national level. However, European contract law's contribution and significance are often overlooked and its content, approaches and objectives are not fully understood. This revised and updated 3rd edition provides fundamental information about core EU legislation, court decisions, and academic projects in order to show how a system arises from the interaction between the different sources. Moreover, this 3rd edition takes into account the recent legislative responses to digitalisation and the development of a contract law for the 21st century, in particular the new Digital Content and Sale of Goods Directives.

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European contract law is not only a core aspect of European private law but also plays a highly important role in the development of contract law at national level. However, European contract law’s contribution and significance are often overlooked and its content, methods and objectives not fully understood. This revised and updated second edition unlocks European contract law by providing fundamental information about the central EU legislation, court decisions, and academic projects in order to show how a system arises from the dialogue between the different sources. Moreover, this second edition takes into account the legislative proposals and challenges resulting from the ‘Digital Revolution’ and the development of a 21st century contract law and also incorporates the new Proposed Digital Content Directive; Proposed Geo-blocking Regulation; Mortgage Directive and Package Travel Directive.

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This book provides rule-by-rule commentaries on the Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market. The eIDAS regulation aims at proving a framework for secure and trustworthy electronic transactions in the EU. This volume offers comprehensive comments on all provisions of this regulation containing references to European scholarly writing. As a cross-border project this book is written by an international group of contributors and provides analysis from different European countries. In order to assess the arising legal issues the contributions to this book reflect both aspects of the eIDAS regulation: On one hand the technological-neutral approach intended by this regulation, but also the nevertheless technically determined definitions and provisions of this very specific field of law.

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This fifth volume from the Münster Colloquia on EU Law and the Digital Economy focuses on one of the most important challenges faced by private law in this era of digitalisation: the effects of ‘data as counter-performance’ on contract law; a phenomenon acknowledged by the EU legislator in the new Digital Content Directive 2019/770. In the book, legal experts from across Europe examine various issues, in particular contract performance and restitution and the relationship between contract law and data protection.

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Digitisation is fundamentally transforming our entire economy and our society. The datafication of business processes leads to an incredibly fast and ever increasing mass of data. Such data is the blood in the veins of the digital economy. Many existing and future business models, which will drive innovation and create economic growth, depend on being able to use this data. Trading Data in the Digital Economy is therefore a central aspect of the development of the EU Digital Market. In continuing with the aim of the ‘Münster Colloquia on Digital Law and the EU Economy’, this book examines the ‘Legal Concepts and Tools’ with a view to determining how EU law should react to the challenges and needs of this aspect of the digital economy. This volume is a collection of contributions to the 3rd Münster Colloquium, held on 4–5 May 2017 in Münster, Germany. The colloquium analysed the academic, practice-based, and political aspects of the various legal concepts and tools surrounding the trade in data. More specifically, the volume focuses on the starting points and challenges, exclusivity rights, compulsory licences, and contractual concepts.

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This edited volume explores the EU legal framework governing digital productions. Looking specifically at smart products it sets out the impact of the Product Liability Directive. It goes on to discuss the Update Obligation relating to smart products and the wider consumer law issues at play. With expertise from leading academics and practitioners, this book brings welcome clarification to and expert explanation of a fast-moving field of consumer law.

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European consumer law has become a vital part of both legal education and practice. This Casebook details the most fundamental judgments of the Court of Justice on consumer law to date and their effect on national legal systems. It contains twenty leading European cases and is then followed by concise analyses of the effect of these decisions on some of the national legal systems of the Member States,and how national legislatures and national courts have reacted to this ever burgeoning area of European law. The focus of the book is private law, including consumer contracts, advertisement law, European product liability and consumer dispute resolutions. The Casebook is an essential guide for students and practitioners alike. It provides the reader with an overview of the most important cases and analyses in the area of European consumer law on both European and national levels. The editors and contributors to the country reports are members of the EU- funded research network 'Common Principles of European Private Law'.

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