Suchergebnisse

Abstract
This article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of January 2021 and the end of May 2021.

Is there such a thing as European private law, a set of rules of EU law distinguished by the binary opposition public and private law? This article aims to shed light on the debate over the rise and the fall of the classic concept of private law and how the legal consciousness of the latter enhanced the legal awareness of European private law. Philosophy and sociology of law claim reasons in the search for answers, from a metaphysical and epistemological points of view. Furthermore, the reality of private law in practice put the ancient concepts in challenge by the phenomena of transnationalization of Law. Globalization, europanization, and the privatization of private Law are factual claims against the persistence of the classic concept of private law. These categories reveal the inconsistences between the theory of will in books and law in practice, suggesting that pluralism can face the lack of sense of a universal model of private law to all the realities involved in the European Union. The belief that the harmonization (or systematization) of national Civil Codes at the European level would lead to the coherence of private law is one of the bases to a final question about the extent to which the persistence of the classic concept of private law among legal scholarship is still an obstacle to the effectiveness of EU integration through the combination of public and private enforcement. ; Peer reviewed

Defence date: 23 May 2017 ; Examining Board: Prof. Hans-W. Micklitz, European University Institute (EUI Supervisor); Prof. Stefan Grundmann, European University Institute; Prof. Daniela Caruso, Boston University; Prof. Kim Talus, University of Helsinki and University of Eastern Finland ; This thesis analyses the impact of the European Integration Project on private law. While the impact of EU law on private law throughout negative integration created European Private Meta-law, and throughout positive integration evolved to European Private law, this thesis claims that EU law has recently moved a step further in regulated markets by creating selfstanding European Private law. Self-standing European Private law is a normative system of rules at supranational level in which its semantically rigid legal norms suggests the intrusion of EU law into the private order of contractual parties with minor divergences within and among national legal systems. This analytical model explains the legal phenomenon of intrusion and substitution, which is different than the phenomenon of divergence, what has so far been the main focus of legal scholars in comparative private law and approaches to Harmonization. To define and identify self-standing European private law, this thesis proposes a systematic understanding of EU law from what H.L.A. Hart conceptualizes as the Internal Point of View. It contextualizes the private law dimension of EU energy law through a discussion of primary and secondary rules and, most importantly, the linguistic framework of analytic philosophy. In so doing, this thesis claims the constitutive element of self-standing European Private law takes shapes when EU law, through governance modes of lawmaking and enforcement at the EU level, creates a set of mandatory rules applied to private relationships, of which the semantic texture of its language leaves minor space for divergent interpretation and implementation by legal official and market actors. To prove the emergence of a self-standing European Private Law, EU energy Law is the blueprint to test the claim. The thesis pursues a socio-legal investigation on how the private law dimension of EU energy law has changed over three decades of market integration and affected two key market transactions in energy markets: transmission service contracts in electricity, and natural gas supply contracts.

Abstract
To deliver the Green Transition, the European Commission is just asking consumers to make green choices when they want. At the same time, EU legislative measures force consumers to take responsibility by restricting their freedom of making environmentally unsustainable choices. This mismatch is undesirable. The article first shows the existence of this mismatch and then explains why it is undesirable. The mismatch is shown with a discourse analysis of the main Commission's Communications concerning the Green Transition and a comparison with the related Directives and Regulations and their respective proposals for review. To investigate the negative consequences of this mismatch, the article identifies two mechanisms that reduce the effectiveness of the measures implementing the EU Green Deal because of the mismatch. The article concludes with the modest recommendation of a more transparent explanation of the role consumers have to play to achieve the Green Transition.

Abstract
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of July 2022 and the end of December 2022. Out of a total of 265 judgments decided in this period, 57 had a contract law dimension.

Abstract
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of January 2022 and the end of June 2022. Out of a total of 270 judgments decided in this period, 52 had a contract law dimension.

Abstract
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of June 2021 and the end of December 2021. Out of a total of 329 judgments decided in this period, 55 had a contract law dimension.

A Floresta Ombrófila Mista (FOM) foi intensamente explorada no passado, em parte devido à forte extração de madeira e lenha da floresta. Atualmente, a legislação ambiental restringe, e em muitos casos impede, o corte de madeira da floresta, tornando-a um problema para os proprietários rurais, que acabam por optar pela extração ilegal. O objetivo do estudo foi identificar e quantificar as espécies florestais não madeireiras de um fragmento de FOM localizado em São João do Triunfo-PR. Foram inventariadas as espécies arbóreas e as espécies não arbóreas de hábito terrestre e epifítico. Para inventário das espécies arbóreas foram utilizadas 350 parcelas de 100 m² e das espécies não arbóreas foram utilizadas 128 parcelas de 4 m². Foi realizada a análise fitossociológica e uma revisão de literatura com o propósito de verificar os potenciais usos não madeireiros das espécies inventariadas. Os resultados apontaram a presença de 884 indivíduos arbóreos por ha, pertencentes a 71 espécies. Destas, 62% apresentaram possíveis usos não madeireiros. Quanto aos indivíduos não arbóreos, o inventário revelou 15.371 indivíduos.ha-1 com hábito terrestre e 4.063 epífitas por ha, pertencentes a 63 espécies, sendo que 44% podem fornecer produtos florestais não madeireiros (PFNM). Pode-se concluir que o fragmento estudado possui uma grande quantidade de espécies e estas podem fornecer múltiplos usos para os proprietários rurais. ; The Araucaria Forest was intensively exploited in the past, in the part for timber and firewood extraction from the forest. Currently environmental legislation restricts and in many cases prohibits the cutting of forest wood, making it often a problem for landowners who eventually chose illegal extraction. The study objective was to identify and quantify the non-wood forests species of a fragment of Araucaria Forest. The study was carried out in a fragment of Araucaria Forest in São João do Triunfo, Brazil, where the species with terrestrial and epiphytic habit were taken into account. The inventory of the tree species was conducted through the use of 350 plots of 100 m² and the inventory of other species was conducted through the use of 128 plots of 4 m². The phytosociological analysis was performed and a review of literature was performed with the purpose of verifying the potential uses of non-wood forests species surveyed. The results indicated the presence of 884 trees.ha-1, with the identification of 71 species. Of these, 61.97% had possible non-wood uses. As those not trees, the inventory showed 15,371 individuals.ha-1 with terrestrial habit and 4,063 epiphytes per ha, with the identification of 63 species, of which 44.44% can provide non-wood forests products. It can be concluded that the fragment studied had a large number of species and these can provide multiple uses for landowners, minimizing the illegal exploitation of wood, may be an economically viable alternative, environmentally correct, directing the property to the sustainable management.

Abstract
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of April 2024 and the end of June 2024. Out of a total of 231 judgments decided in this period, 26 had a contract law dimension.

Abstract
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of January 2024 and the end of March 2024. Out of a total of 123 judgments decided in this period, 37 had a contract law dimension.

Abstract
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of July 2023 and the end of December 2023. Out of a total of 220 judgments decided in this period, 57 had a contract law dimension.