New Directions in European Private Law

Description

This book brings together leading scholars and practitioners to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and the sharing economy that has been continuously addressed in recent years by European private law. The fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology, as well as the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which European private law may develop in the future. Volume 103 in the Series Modern Studies in European Law Contents List of Contributors Introduction I. Background II. Content 1. Political Disruption, Technological Disruption and the Future of EU Private Law I. Introduction II. The First Tension III. The Second Tension IV. The Third Tension V. Conclusion 2. Standardisation of Agreement in EU Law. An Adieu to the Contracting Parties? I. Introduction II. The Formation of Contracts under National Law. The Proposals to Harmonise European Contract Law III. The Bases of MEUCL IV. The Legal Standard: The 'Average' V. Conclusion 3. Schools of Thought in European Private Law I. Introduction II. Classical Schools of Thought III. Modern Schools of Thought IV. The Paradigm Shift: The End of a Noble Narrative V. Conclusion 4. The Geo-blocking Regulation and the Digital Single Market Strategy I. Introduction II. The Rationale, Ambit and Scope of the Geo-blocking Regulation III. Regulatory Safe Harbours IV. Geo-blocking Practices and Competition Policy V. Connection with Consumer Protection Regulation, e-Commerce Regulation and GDPR VI. Conclusions. Towards a 'Circular' Interplay between Regulation and Competition 5. The Case Law of the Court of Justice of the European Union on Directive 98/34/EC Laying Down a Procedure for the Provision of Information in the Field of Technical Standards and Regulations (Directive 2015/1535) and Its Impact on Private Law Relations I. Introduction II. Background to Directive 98/34 III. The CIA Security and Unilever Judgments – Horizontal Effects of Directive 98/34 IV. Article 1(2) of Directive 98/34 – The Concept of a 'Technical Regulation' V. 'Composite Rules' – Article 1(5) of Directive 98/34 VI. 'Composite Services'/Intermediation Services? – Article 1(2) of Directive 98/34 VII. Conclusion 6. Beyond Regulation: The Collaborative Economy in Need of New General Principles of EU Law? I. Introduction II. The Role of General Principles in the Collaborative Economy III. Resilience: New Light to Old Principles IV. Reinvention: New Principles V. Conclusion 7. Activating EU Private Law in the Online Platform Economy I. Introduction II. Background/The Rise of the Online Platform Economy III. Some Relevant Findings about Online Platforms IV. Online Platforms Are an Ecosystem-Building Business Model V. Private Law in the Online Platform Economy VI. The Future of EU Private Law VII. Conclusion 8. Blockchain Law: Between Public and Private, Transnational and Domestic I. Introduction II. The Rise of Blockchain Technology and Cryptocurrencies III. The Law's Response IV. Blockchain between Self-Regulation and External Regulation V. Conclusion 9. Civil Liability and New Technologies I. Introduction II. How the Law Views Emerging Digital Technologies and Their Characteristics III. Analytical Methods Applicable to Emerging Digital Technologies IV. Proposals for Solutions V. Conclusion 10. Harmonising Private Law in Cyberspace: The New Directives in the Digital Single Market Context I. Introduction II. The Origins III. Directives in the Digital Single Market Context IV. Civil Law as a Tool for Regulating the Internet V. Concluding Remarks 11. Epilogue – New Directions, but Which Ones? I. New Instrumentalism and New Functionalism II. Many Possible Directions III. European Private Law Scholarship IV. European Private Law as European Economic Law V. Many Directions – Many Options VI. Methodology VII. Conclusion – Is There a Conclusion? Index