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Waves in Contract and Liability Law in Three Decades of Ius Commune

Waves in Contract and Liability Law in Three Decades of Ius Commune

Author: Anne L. M. Keirse; Marco B. M. Loos
Publisher: Intersentia Publishers
ISBN: 9781780686028
Published In: November 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today and examines whether similarities or divergences can be observed. It examines how opposing concepts such as weaker party protection (consumers as well as SME) and freedom of contract and fault principle are balanced. It also focuses on Europeanisation and constitutionalisation of both contract and tort law and the need to adjust the law in response to digitalisation and new technological, environmental or financial risks. Furthermore, the law of obligations nowadays emerges from very different sources and directions (top-down, bottom-up, but also crossing-over and diagonal). Norms of the law of obligations are not only being made by national legislators and courts, but also by European institutionalised lawmakers and (increasingly important) by private actors, organisations and networks. This book illustrates that the law of obligations evolves in a continuing process of waves. Contradictory tendencies in contract law alternate in focuses on the demands of the free market and the core value of party autonomy on the one hand and on the concept of fairness and weaker-party protection on the other hand. Tort law shows movements discarding former limitations of liability and embracing liability of wider scope and vice versa returns to more restricted approaches.

Introduction: The Waves of Contractual and Tortuous Liability (p.

Concurrence of Claims in Damages and EU Law (p.

11)

The Procedural Position of a 'Weaker Party' in the Regulation Brussels Ibis (p.

41)

The Principle of Equality as a Catalyst: The Increasing Influence of the Principle of Equality on the Belgian Law of Obligations (p.

61)

'Where the Wild Things Are': Reflections on the State and Future of European Collective Redress (p.

105)

Should Autonomous Agents be Liable for What They Do? (p.

141)

Private Law Analogies and the Evolution of International State Responsibility for Acts of Non-Governmental Entities Exercising Decentralized/Privatized Governmental Functions (p.

165)