This paper explores the current place of Article 47 of the EU Charter of Fundamental Rights (right to an effective remedy) in European private law and assesses whether this provision could form the basis of a judge-made European law on remedies. In order to make this assessment, first, the...

This chapter surveys fiduciary principles in Western European civil law jurisdictions. Focusing on France and Germany, we suggest that functional equivalents to fiduciary duties have developed on the Continent, although they do not always carry exactly the same connotations as their common law...

It has been suggested recently by several scholars that the ideas of Friedrich von Hayek should play a prominent role in shaping the future of European private law. This paper examines what we can learn from Hayek for the further development of European contract law. Hayek rightly underlines...

This is an introduction of future students of (European) consumer law to its main concepts, such as average and vulnerable consumers, unfairness, product risks. Upon reading you may expect to start being able to place this research area within the legal architecture of European Private Law. You...

This paper compares the existing rights granted to consumers when they purchase services in the EU, whether in a shop or within a distance selling scheme, with the provisions of Regulation 261/2004. While the works on the new European rules on air passengers’ rights are still ongoing it is...

Which methodology should legal science aspire to if it is to find its own, distinctive character as a science of the law? Is there any genuine legal methodology to cope with the doctrinal riddles of contracts, torts and property? Does the social embeddedness of private law institutions push...

In this paper we criticize the so-called 'more economic approach' to European competition law for its disregard of the importance of a functional system of private law. The more economic approach presumes that vertical integration is an economically efficient governance-mechanism. This...

This paper will describe the drafting history of the Principles of the Law of Software Contracts, with particular attention to the extent of consumer and public-interest group representation in the process. The drafting process, I will argue, did not take adequate stock of problems identified in...

From a law-and-economics perspective, the European Commission's proposal for the introduction of an optional Common European Sales Law (CESL) has been criticized for over-regulating consumer sales law in Europe and for being likely to yield more costs than benefits. In defense of CESL, it is...