The U.S. residential housing market collapse illustrates the consequences of ignoring risk while funding mortgage borrowing. Collateral over-valuation was a foundational piece of the crisis. Over the past few decades, secondary markets, securitization, policy and psychology increased the flow of...

In the legislation of countries in the system of ″common law″, the commission contract is brought under regulation differently, depending on the principle that has been adopted, regarding the extent to which it is permitted the establishment of certain legal effects in the relationships...

Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...

In contemporary European contract law a patchwork of convergence, harmonisation and unification of commercial laws of contract can be witnessed. Why do certain commercial laws converge or even become unified, whereas others remain separate, national laws? In this paper two theories from law and...

This article points out that procurement law is likely to have the side effect of hindering the development of IPPP contracts by introducing uncertainties regarding IPPP contracts´ classification for the purpose of its procurement. Keeping in mind the Commission´s policy of promoting IPPP...

At the beginning of 2014, the European Parliament and the Council adopted the new directive on public procurement. Inter alia, the new Directive introduces a new procedure called the innovation partnership. The availability of the new provisions maybe valuable particularly from the perspective...

Based on an assumption that in its current shape the EU public procurement framework is a highly regulated and rigid system, in which delivery of successful PPP contracts may be hindered, in this paper it will be considered, whether there could be a different, more beneficial way in which to...

What does it mean to consent? Consent is an essential component of contracts, yet its part in contract law is obscure. Despite its importance, there is no independent doctrine of consent; rather, it plays a key, but ill-defined role in assessing doctrines such as assent or duress. This Article...

The global value of public procurement spending is enormous. Each year, approximately 19% of the EU GDP is spent by over 250,000 public authorities purchasing services, works and supplies. The sheer scale of public procurement spending and supplier selection decisions can literally create and...

Clarifying what was a controversial point of law, in Mitsubishi v Duma the Court of Justice of the European Union hold that a parallel importer that, without the consent of the proprietor, removes from products placed in the custom warehouse the original trademark affixed by the manufacturer and...