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This contribution discusses the first instance decision of the Netherlands Commercial Court between Subsea Survey Solutions LLC and South Stream Transport BV from an English and Dutch law perspective. The principal issue before the court concerned the interpretation of Clause 7 of the Settlement...
Under Council Directive 85/374/EEC, liability of a producer crucially depends upon the proof of a product’s defectiveness. This central notion of the Directive has however long been the source of debate regarding the extent to which it is grounded in a solely safetybased approach, or whether a...
The Severe Respiratory Syndrome Coronavirus 2 (COVID-19) pandemic has dealt a universal challenge to contractual performance, but legal systems have responded differently. In this article, we focus on two jurisdictions with distinct paths of development – England and France – to examine if they...
The summa divisio between the person and the thing lies, traditionally, at the very basis of European private law. In a growing number of European jurisdictions however, provisions have been introduced in the Civil Code that differentiate between animals and other legal things or objects. Even...
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