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Results ( 12 ) : 2013 - 4.


EDITORIAL, In the Classroom and the Courtroom

Authors: S. Rodin


Informal Authorities in European Private Law

Authors: N. Jansen

Abstract: This article considers the nature of authorities in the law, and, specifically, the oft en undervalued yet important role played by informal auctoritas, in contrast to formally binding enactments. It explores the terminological difficulties within ...


Is Europe Skipping a Step? Exploring the Harmonization of ADR Agreements

Authors: M. Piers

Abstract: The EU has in the past 15 years displayed particular interest in Alternative Dispute Resolution or ADR. It has issued a number of instruments that set out the procedural framework within which the Member States have ample leeway to regulate ADR. On...


The New Approach to the New Approach: The Juridification of Harmonized Standards in EU Law

Authors: H. Schepel

Abstract: In July 2012, the Court of Justice rendered the judgment in Fra.bo, a case about the liability of a German private standards body under the free movement of goods. In October 2012, the European Parliament and Council adopted Regulation 1025/2012 on...


The Existence of Transaction Costs as the Rationale for Maximum Harmonization of the European Common Sales Law

Authors: M. Kovač

Abstract: In recent years, an extensive debate on the need for harmonization of a European sales law has evolved. The existing diversity of contract laws in the Member States has been perceived as a barrier to trade and hence as burdensome for the European i...


Delegated Acts, Implementing Acts, and Institutional Balance Implications Post-Lisbon

Authors: Z. Xhaferri

Abstract: The Treaty on the Functioning of the European Union introduces two new typologies of non-legislative acts. Having an influence on the institutional balance of powers, this article reflects on the impact of the newly introduced changes of secondary ...