European Contract Law Harmonization
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Questions and Answers

What is the main criterion for determining a product's defectiveness?

  • The safety which a person is entitled to expect (correct)
  • The casual link between the damage and the defect
  • The actual damage incurred by the consumer
  • The presentation of the product when it was put on the market

    • Who carries the burden of proof in a product liability case?

  • The supplier of the product
  • The producer of the product
  • The injured person (correct)
  • The importer of the product

    • What is the time limit for consumers to take action against a producer?

  • 5 years
  • 10 years
  • 1 year
  • 3 years (correct)

    • What is the purpose of EU Regulation 650/2012?

    <p>To regulate international succession laws</p> Signup and view all the answers

    What is a 'product' in the context of product liability?

    <p>All movables, excluding primary agricultural products and electricity</p> Signup and view all the answers

    When are multiple individuals exempt from joint liability?

    <p>When they are not involved in the production process</p> Signup and view all the answers

    What is a unique characteristic of data in the data economy?

    <p>It can be multiplied at no cost</p> Signup and view all the answers

    What is the primary role of the data controller in a data ecosystem?

    <p>To decide on the purposes and means of data processing</p> Signup and view all the answers

    What is a key difference between data and intellectual property?

    <p>Data can be multiplied at no cost, while IP is limited</p> Signup and view all the answers

    What is an example of an intangible asset?

    <p>Intellectual property rights</p> Signup and view all the answers

    What is a key aspect of the European Union's approach to consumer contract protection?

    <p>Protecting consumers</p> Signup and view all the answers

    What is the purpose of the Protection of Consumers Directive 2011/83/EU?

    <p>To gather consumer protection rules in one document</p> Signup and view all the answers

    What is an example of a tangible good?

    <p>Food</p> Signup and view all the answers

    What is an example of intellectual property asset protection?

    <p>All of the above</p> Signup and view all the answers

    What is the primary goal of harmonizing European private law?

    <p>To establish a European civil code similar to national codes</p> Signup and view all the answers

    Why is contract law considered a suitable area for harmonization?

    <p>Because it is a fundamental area of private law that affects global trade</p> Signup and view all the answers

    What is a potential benefit of a unified European contract law?

    <p>Increased trades between European countries</p> Signup and view all the answers

    What is a potential obstacle to creating a European civil code?

    <p>Cultural differences and lack of a common culture</p> Signup and view all the answers

    What is the primary inspiration for the Principles of European Contract Law (PECL)?

    <p>The United Nations Convention on Contracts for the International Sale of Goods (CISG)</p> Signup and view all the answers

    What is the nature of the PECL?

    <p>A collection of model rules</p> Signup and view all the answers

    What is the goal of compiling the PECL?

    <p>To compile uniform legal principles for reference and the development of national legal systems</p> Signup and view all the answers

    What sources were used in the compilation of the PECL?

    <p>The law of EU member states, common law, and civil law</p> Signup and view all the answers

    What is the main goal of the Regulation No. 650/2012?

    <p>To decide which law to apply in case of cross-border successions</p> Signup and view all the answers

    What is the European Certificate of Succession valid in?

    <p>All EU countries</p> Signup and view all the answers

    What does the Citizenship of the Union not substitute?

    <p>National citizenship</p> Signup and view all the answers

    What is one of the rights connected to the EU citizenship?

    <p>The right to not be discriminated on the basis of nationality</p> Signup and view all the answers

    How long can a EU citizen reside in another EU country without a residence permit?

    <p>Up to 3 months</p> Signup and view all the answers

    What is the minimum period of residence required for a EU citizen to obtain permanent residence in another EU country?

    <p>5 years</p> Signup and view all the answers

    What is one of the exceptions to the right to vote according to Directive 1994/80?

    <p>The question is not answerable based on the given text</p> Signup and view all the answers

    What is the main innovation of the Maastricht Treaty?

    <p>The creation of the Citizenship of the Union</p> Signup and view all the answers

    What is the purpose of fair use in copyrighted material?

    <p>To allow limited use without permission</p> Signup and view all the answers

    How long after an author's death does a work remain protected in Europe?

    <p>+70 years</p> Signup and view all the answers

    What is the primary goal of the TRIPS Agreement?

    <p>To provide protection on all intellectual property rights</p> Signup and view all the answers

    What is the WIPO Copyright Treaty (WCT) concerned with?

    <p>Adapting international copyright to the digital environment</p> Signup and view all the answers

    What is the key difference between droit d'auteur and copyright?

    <p>Copyright is used in common law, while droit d'auteur is used in civil law</p> Signup and view all the answers

    What is the purpose of international treaties and agreements in intellectual property?

    <p>To harmonize differences between national systems</p> Signup and view all the answers

    What is the nature of an author's moral right?

    <p>It is a perpetual inalienable right</p> Signup and view all the answers

    What is the dual nature of an author's right in continental Europe?

    <p>Economic right and moral right</p> Signup and view all the answers

    Study Notes

    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.

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    Description

    Quiz on the development of a harmonized European private law, focusing on contract law and its feasibility in the EU, considering cultural and national differences.

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