Click on a term to reduce result list
The result list below will be reduced to the selected search terms. The terms are generated from the titles, abstracts and STW thesaurus of publications by the respective author.
27 records from EconBiz based on author Name
1. Building competence in commercial law in the Member States : study
abstractThis study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, at the request of the European Parliament's Committee on Legal Affairs (JURI Committee), sheds light on cross-border commercial contracts and their operation in theory and practice. It describes the legal framework in which commercial contracts operate and analyses current commercial practice as regards choice of law and choice of forum. It concludes that the laws and the courts of some states are more popular than others and suggests to adopt a bundle of measures that will improve the settlement of international disputes in the EU. Among others, the study suggests to introduce an expedited procedure for cross-border commercial cases and to establish specialized courts or chambers for cross-border commercial matters in each Member State. In addition, the study suggests to establish a European Commercial Court.
Rühl, Giesela;2018
Availability:
Link 2. Settlement of International Commercial Disputes Post-Brexit, or : United We Stand Taller
abstractThe European market for t ...
Ruhl, Giesela;2020
Availability: Link
3. Smart (Legal) Contracts, or : Which (Contract) Law for Smart Contracts?
abstractThe law applicable to smart contracts is a neglected topic. At times it is even discarded as irrelevant or unnecessary. In fact, many authors claim that smart contracts especially when stored and executed with the help of blockchain technology make contract law and, in fact, the entire legal system obsolete. “Code is law” is the frequently (mis-) cited catchphrase. In the following chapter I will challenge this view and argue, first, that smart contracts need contract law just as other, traditional contracts, and, second, that the applicable contract law can – at least in most cases – be determined with the help of the traditional rules of private international law
Ruhl, Giesela;2020
Availability: Link
4. Behavioural Analysis and Comparative Law Improving the Empirical Foundation for Comparative Legal Research
abstractDuring the last three to four decades the ‘correct' comparative method has become the object of an intensive debate. This debate by now also covers empirical methods that have started to ‘infiltrate' comparative law ever since the turn of the century. Behavioural analysis, however, has not yet come into the picture. The following chapter, therefore, explores how behavioural research can be put to comparative use and sheds light on recent attempts to do so. It concludes that combining comparative and behavioural insights may further our understanding of consumers' needs and improve our ability to design legal responses. In particular, it may help to understand why legal systems are differently designed in different countries and why the same rules may trigger different reactions in different countries. The chapter, therefore, suggests that behavioural scientists and comparative lawyers should work closely together to better understand cross-cultural consumer behaviour and the complex relationship between consumer behaviour and consumer law
Ruhl, Giesela;2018
Availability: Link Link
5. Building competence in commercial law in the Member States
abstractThis study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs, at the request of the European Parliament's Committee on Legal Affairs (JURI Committee), sheds light on cross-border commercial contracts and their operation in theory and practice. It describes the legal framework in which commercial contracts operate and analyses current commercial practice as regards choice of law and choice of forum. It concludes that the laws and the courts of some states are more popular than others and suggests to adopt a bundle of measures that will improve the settlement of international disputes in the EU. Among others, the study suggests to introduce an expedited procedure for cross-border commercial cases and to establish specialized courts or chambers for cross-border commercial matters in each Member State. In addition, the study suggests to establish a European Commercial Court.
Rühl, Giesela;2018
Availability: Link
6. The Protection of Weaker Parties in the Private International Law of the European Union : A Portrait of Inconsistency and Conceptual Truancy
abstractThe principle of party autonomy is one of the “cornerstones” of European private international law including the law of international civil procedure. It is deeply embedded in most of the regulations that have been adopted by the European legislator over the last 15 years: the Brussels I Regulation, the Rome I and II Regulations, the Maintenance Regulation as well as the Succession Regulation. However, in enacting the pertaining provisions the European legislator has opted for a sectoral approach focusing on individual legal fields. It has, thereby, lost sight of the regulation of party autonomy in other legal fields and adopted different rules to deal with the same problem. The following article sheds light on the coherence of European private international law taking the protection of weaker parties from the dangers of party autonomy as an example. It analyses which parties are perceived to be weaker in the European Private International Law of contractual and non-contractual obligations, family as well as succession law and sheds light on the various regulatory approaches applied to protect these parties. The article demonstrates that the European legislator does not follow a coherent conceptual path and argues that there is – in general – a need for a more holistic analysis of European private international law that encompasses the legal field and its underlying regulatory problems as such and across the board
Ruhl, Giesela;2017
Availability: Link Link
7. Commercial Agents, Minimum Harmonization and Overriding Mandatory Provisions in the European Union : The Unamar Case
abstractThe following case note sheds light on the ECJ's decision in Unamar and its implications for the application of overriding mandatory provisions in areas of minimum harmonization and the role of party autonomy in the internal market. It criticizes that the Court foregoes essentially every opportunity to channel and curtail the use of overriding mandatory provisions by Member States and to strengthen the role of party autonomy in the internal market. It concludes that Unamar effectively amounts to a carte blanche for national courts to apply the law of the forum instead of the chosen or the otherwise applicable law
Ruhl, Giesela;2016
Availability: Link
8. Alternative and Online Dispute Resolution for Cross-Border Consumer Contracts : A Critical Evalution of the European Legislature's Recent Efforts to Promote Competitiveness and Growth in the Internal Market
abstractIn May 2013 the European legislature has enacted two legislative measures relating to alternative dispute resolution in consumer matters: the Directive on Alternative Dispute Resolution (ADR-Directive) and the Regulation on Online Dispute Resolution (ODR-Regulation). Both measures are meant to support the out of court settlement of consumer disputes in order to ensure that consumers have easy and low-cost – short: better – access to justice. The following article analyses whether, and to what extent the ADR-Directive and the ODR-Regulation manage to achieve this aim in view of cross-border consumer con-tracts. It is organized in four parts. The first part sheds light on the European legislature's competence to regulate ADR and explains why this articles focuses on cross-border con-tracts (infra II). The second part analyses the potential benefits of cross-border ADR, i.e. alternative dispute resolution in the context of cross-border consumer contracts (infra III.). The third part details the specific problems of cross-border ADR (infra IV.). The fourth part determines whether and to what extent the ADR-Directive and the ODR-Regulation are able to solve these problems and to foster cross-border ADR (infra V.). The article finds that the ADR-Directive and the ODR-Regulation – while providing relief for some of the problems associated with cross-border ADR – fail to solve the two core problems: competence and language. It follows that it is unlikely that the ADR-Directive and the ODR-Regulation will actually boost cross-border ADR and enhance consumer access to justice
Ruhl, Giesela;2015
Availability: Link
9. Cross-border activities in the EU : making life easier for citizens : workshop for the JURI Committee
abstractCompendium of notes (distributed in a workshop).
Rühl, Giesela; Hein, Jan von; Callé, Pierre; Clancy, Michael P.; Wendehorst, Christiane; Lechner, Kurt; Põtter, Eva; Loon, Hans von; Lagarde, Paul; Schepel, Harm; Cortés, Pablo; De Palo, Giuseppe; Musger, Gottfried;2015
Availability: Link
10. Alternative and Online Dispute Resolution for cross-border consumer contracts : a critical evaluation of the European legislature's recent efforts to boost competitiveness and growth in the internal market
Rühl, Giesela;2015
Type: Aufsatz in Zeitschrift; Article in journal;
Availability: Link
Citations: 5 (based on OpenCitations)