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Abstract: This article starts out with asking the question of where lies the heart of private law. Core societal developments and theories (like the European Union or the so-called Private Law Society) would seem to indicate what virtually all private law theorists say as well: the heart of...
Abstract: The Draft Common Frame of Reference (DCFR) and the private enforcement of EU competition law are both hot topics in, respectively, European private law and European competition law. Both projects may lead to EU legislation in the short to medium term. Although they deal to a certain...
Abstract: The principle of prohibition of abuse of rights aims to correct the application of a rule of law on the basis of standards such as good faith, fairness, and justice if, despite formal observance of the conditions of the rule, the objective of that rule has not been achieved. This...
Abstract: This contribution takes a closer look at overdraft facilities, the most eccentric type of credit under the scope of Directive 2008/48 EC on credit agreements for consumers. Even in the absence of a ‘smoking gun’ linking consumer credit to personal insolvency, the tacit nature of this...
Abstract: The problem of compensating a growing number of people who have contracted lung cancer, as a potential consequence of exposure to asbestos, is taxing many legal systems. In most legal systems, it is – in general – up to the claimant to prove all the elements of the liability claim to...
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