Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally 'horizontal' conflicts must be 'verticalised' in order to be admissib...

This book is the result of a long-term comparative research project on intellectual property. It unearths the thought patterns which are culturally, morally and historically imprinted across Europe and questions the common narratives of the distinctiveness of private and public law, contracts and property, and morality and the law.

This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-...

This book is a memoir that a great master of comparative law, Rudolf B. Schlesinger, wrote for the benefit of his children and grandchildren.

This book presents a comprehensive framework through which to conceptualize marriage from a law and economics perspective. It shows the economic rationale behind substantive marriage law and proposes an efficient conflict of laws system that prioritizes predictability and congruency in the determination of the applicable law.

This volume contributes to the literature on private international family law in Europe through the examination of two recent EU instruments: the Matrimonial Property Regulation and the Regulation on the Property Consequences of Registered Partnerships. The book presents the two regulations in a clear and comprehensive manner and analyses their implications for EU family law going forward.

This book focuses on the harmonisation of transactions avoidance laws in the EU. Based on national reports and input from 25 jurisdictions and employing a principle-based approach, it proposes a new Model Law which, in nine sections, provides for legal certainty as to which transactions should (or should not) be challengeable in all Member States under the same conditions.

In this book, which is part of the book series of the Common Core of European Private Law, reporters consider legal institutions that allow persons who have occupied private or public land of others to acquire that land through mere long-term use.

The book deals with topical issues in the ongoing process of harmonisation in the fields of environmental and energy law. Applying critical perspectives, the contributors address a broad array of issues ranging from more general concepts and processes of harmonisation to more specific applications with regard to the domains of environmental and energy law.