European Contract Law Harmonization

Development of Harmonized European Private Law

• The goal is to create a European Civil Code similar to national codes, with a focus on contract law, as it is considered more feasible for harmonization.
• The creation of individual codes for discrete areas of private law is considered a realistic goal.
• The process is divided into two stages: 1) creation of a unified European Contract Law, and 2) a European Civil Code.

Problems with Harmonization

• Family law and national cultures are significant obstacles to harmonization.
• Contract law is a better area for harmonization, as it is more likely to be successful.

Pros and Cons of Harmonization

• Pros:
  • Unification of Europe (reduction of national borders)
  • National laws can create problems for the globalized economy
  • Increase in trade between European countries
• Cons:
  • Political and legal problems
  • Cultural differences and lack of a common culture
  • Law, language, culture, and national history
  • Too much legal power to create a civil code

Principles of European Contract Law (PECL)

• A collection of model rules drawn up by European academics and experts.
• Inspired by the United Nations Convention on Contracts for the International Sale of Goods (CISG) from 1980.
• PECL is a so-called Soft Law, similar to the American Restatement of the Law of Contract.
• Goal: compilation of uniform legal principles for reference and the development of national legal systems.

European Contract Law

• EU sets limits of responsibility for damages.
• Damages can be caused by death, psychological harm, or personal injuries, or by damage to private property or loss or corruption of data.

European Product Liability

• A product is considered defective if it does not provide the safety that a person is entitled to expect.
• The injured person carries the burden of proof.
• Factors that exempt a producer from liability include:
  • The product was not in circulation.
  • The defect appeared after the product was put into circulation.
  • The product was not manufactured by them or sold for profit.
  • The product was in circulation for business purposes.
  • The defect was due to compliance with regulations.

International Successions

• Regulation 650/2012/EU aims to create uniform rules for international successions.
• Goals:
  • A given succession is treated by one single court and law.
  • Citizens can choose which law to apply.
  • Parallel proceedings and conflicting judicial decisions are avoided.
  • Decisions relating to successions given in one EU country are recognized and enforced in other EU countries.

European Certificate of Succession

• A certificate that can be obtained by citizens from public authorities.
• Valid in all EU countries.
• Exceptions: Denmark, Ireland, and the United Kingdom.

Citizenship of the Union

• Every citizen of a Member State is automatically a citizen of the Union.
• Rights connected to EU citizenship:
  • Not to be discriminated against on the basis of nationality.
  • To move and reside freely in the Union.
  • To vote and stand as a candidate in the European Parliament and in municipal elections.

Data Transactions

• Emergence of the data economy.
• Tradeable items are not classified but are simply "data".
• Data is different from intellectual property.
• Trader of data: control player in the data ecosystems is the data controller.

Intellectual Property Rights

• What do you understand by the term intellectual property rights?
• Fair uses:
  • Criticism and comment
  • News reporting
  • Research and scholarship
  • Non-profit educational uses
  • Parody

Public Domain

• Works in the public domain can be posted, shared, or used in any way without permission (and without paying).
• +70 years after the death of the author.

TRIPS Agreement (1994)

• Provides protection on all IP rights.
• Programs and databases shall be protectable.
• Makes the Berne Convention mandatory for all WTO members.
• Stipulates special provisions.

The WIPO «Internet Treaties»

• WIPO Copyright Treaty (WCT), 1996
• WIPO Performances and Phonograms Treaty (WPPT)
• Adapt international copyright to the digital environment.
• Technological protection measures.

Intellectual Property in Common Law and Civil Law

• US patent reform, numerous EU Directives => different.
• Droit d'auteur vs Copyright.
• 1988 → Berne Convention Implementation Act.
• Differences between common law and civil law.