scholarly journals Machine Acting and Contract Law – The Disruptive Factor of Artificial Intelligence for the Freedom Concept of the Private Law

2021 ◽  
Vol 5 (1) ◽  
pp. 1-18
Author(s):  
Stefan Koos
Keyword(s):  
Artificial Intelligence ◽  
Structural Changes ◽  
Contract Law ◽  
The Internet ◽  
Private Law ◽  
Disruptive Effect ◽  
The European Union ◽  
Private Autonomy ◽  
The Impact ◽  
Advanced Development

Technologic evolutions of the last two decades, such as the development of the  internet, had a strong disruptive effect to the society and the economy. However, because of the flexible concepts of the civil law codifications a disruptive effect in the private law until now did not exist. Especially the legal consequences  of the internet were integrated into the private law without bigger categorial or structural changes. This applies equally to most of the cases of the use of artificial intelligence (AI) in recent times. With more advanced development of AI-systems, though, it may not be possible anymore to apply the traditional terms of the private law to the use of AI without leaving the constitutional law background of the private law. This article discusses the impact of the use of a future advanced independent AI on the concept of the private autonomy in the contract law. Furthermore, it gives an overview on the new legislative approach of a human centric use of AI in the European Union. 

scholarly journals Protection of fundamental rights in the private law of the European Union

2020 ◽  
Vol 2 (2) ◽  
pp. 117-153
Author(s):  
Tatjana Josipović
Keyword(s):  
European Union ◽  
Member State ◽  
Fundamental Rights ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Contract ◽  
Optimal Balance ◽  
Private Autonomy

The paper considers and comments on the instruments of protection of the fundamental rights of the Union in private law relationships that are in the scope of applicable EU law. Special attention is paid to the influence of fundamental rights of the Union on private autonomy and the freedom of contract in private law relationships depending on whether fundamental rights are protected by national law harmonized with EU law, or by horizontal effects of the Charter of general principles. The goal of the paper is to determine the method in private law relationships that can attain the optimal balance between the protection of fundamental rights of the Union and the principle of private autonomy and the freedom of contract regulated by national law of a member state. The author favors the protection of fundamental rights in private law relationships by applying adequate measures that create indirect horizontal effects of the provisions of EU law on fundamental rights. These concern national measures that can also secure adequate protection of fundamental rights via interpretation and application of national law in line with EU law in private law relationships.

Ograniczenia niezależności politycznej polskich organów regulacyjnych w świetle prawa unijnego

2014 ◽  
pp. 53-84
Author(s):  
Krzysztof Rokita
Keyword(s):  
Civil Law ◽  
Vienna Convention ◽  
Private Law ◽  
The European Union ◽  
Breach Of Contract ◽  
The Past ◽  
European Consumer ◽  
Consumer Rights ◽  
United Nations Convention ◽  
The Impact

The United Nations Convention on Contracts for the International Sale of Goods (the so-called Vienna Convention, CISG) is considered one of the most important and influential private law acts of the past decades. The most compelling evidence of the impact of the CISG is the European private law. It is especially evident in case of consumer sales law of the European Union. The Consumer Sales Directive (99/44) and, to some extent, even the Directive on Consumer Rights (2011/83/EC) were based on principles and institutions derived from the CISG. The most important influences are of course the objective liability of a debtor and the institution of conformity of the goods; however, even the basic terms (such as “conformity of goods” and “non-conformity of goods”) are defined per analogiam. And even though European legislator did not borrow from the CISG its’ concept of the fundamental breach of contract, the further cases of CISG’s impact are seen in cases of Nachfrist and remedies available to the parties of a contract. Since European consumer sales law is one of the most important spheres of EU interests and influences national civil law systems, CISG may easily be described as the model and backbone of future private law harmonization.

scholarly journals The Impact of Political Events - “Name Issue” on an Emerging Macedonian Stock Market

2011 ◽  
Vol 1 (2) ◽  
pp. 203 ◽  
Author(s):  
Julijana Angelovska
Keyword(s):  
European Union ◽  
Structural Changes ◽  
Stock Exchange ◽  
Abnormal Returns ◽  
Candidate Country ◽  
The European Union ◽  
Political Events ◽  
Before And After ◽  
The Status ◽  
The Impact

The objective of the research is to investigate the impact of political events – “name issue” on the Macedonian Stock Exchange (MSE). Structural changes in volatility of Macedonian capital market seems to be more a consequence of political changes, especially from the perspective of international politics and the association of the country into NATO and the European Union. The research analyzes the response of capital markets to political events. Such an event is the summit in Bucharest as the day D (03/04/2008) which certainly had an impact because of prolonged unresolved problem of the name imposed by Greece. Visa liberalization and the day of solving the status of candidate country for accession to the European Union will be discussed too. An event methodology is employed, and the results suggest that the market respond to all political events connected “name issue”. The results also indicate that there is no difference between the means of abnormal returns before and after the event. Sensitivity of the Macedonian investor related to any information connected to the word "name" is enormous. The Macedonian investor belief is that if “name” issue would be solved, regardless of possible negative real economic flows stock exchange will increase. The paper provides information regarding the effects of solving this name issue on Macedonian investor, and his expectation on this issue. But even if it is solved, the global economic crises and difficult economic situation in Macedonia especially this situation will be temporary and due to low liquidity, foreigners may use local optimism to sell their shares.

scholarly journals Impact of Artificial Intelligence Research on Politics of the European Union Member States: The Case Study of Portugal

2020 ◽  
Vol 12 (17) ◽  
pp. 6708 ◽  
Author(s):  
João Reis ◽  
Paula Santo ◽  
Nuno Melão
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Data Science ◽  
Healthcare Services ◽  
Future Research ◽  
The European Union ◽  
Multimethod Research ◽  
Holistic Understanding ◽  
The Impact

Currently, artificial intelligence (AI) is at the center of academic and public debate. However, its implications on politics remain little understood. To understand the impact of the AI phenomenon on politics of the European Union (EU), we have carried out qualitative multimethod research by performing a systematic literature review and a case study. The first method was performed according to the preferred reporting items for systematic reviews and meta-analyses (PRISMA), in order to report the state-of-the-art in the existing literature and explore the most relevant research areas. The second method contained contributions from experts in data science and AI of the Portuguese scientific community. The results showed that solutions such as intelligent decision support systems are improving the political decision-making process and impacting the Portuguese society at local, regional, and national levels. We also found that practitioners and scientists are currently shifting their interests from environmental and biological sciences to healthcare services, which is bringing new challenges in terms of protecting patient/citizen data and growing concerns about handling of critical information. Future research may focus on comparative studies with other EU States to obtain a comprehensive and holistic understanding of the AI phenomenon.

scholarly journals Fundamentals of European Civil Law

1997 ◽  
Vol 27 (2) ◽  
pp. 388
Author(s):  
A H Angelo
Keyword(s):  
European Union ◽  
Civil Law ◽  
Comparative Law ◽  
Company Law ◽  
Private Law ◽  
The European Union ◽  
Labour Law ◽  
Commercial Company ◽  
The Impact

This article is a book review of Martin Vranken Fundamentals of European Civil Law (Federation Press, Sydney, 1997) 290 + xiv pages including Appendix, Bibliography and Index. Soft cover, NZ$45. Angelo states that the book is very tightly and clearly presented, providing a good introductory text for several purposes including the central topics of comparative law, a basic introduction to the law of contract, tort labour law and commercial company law in the French and German systems, as well as within the context of the European Union. Angelo concludes that the book provides a reasoned and correct view of the impact of the European Union on aspects of the private law of the member states. 

scholarly journals Germany’s Digital Transformation in the Midst of the Coronavirus Crisis

2021 ◽  
Vol 21 (3) ◽  
pp. 84-93
Author(s):  
Vladislav Belov ◽  
Keyword(s):  
Artificial Intelligence ◽  
Higher Education ◽  
Public Administration ◽  
Digital Transformation ◽  
Political Transformation ◽  
The European Union ◽  
Medium Term ◽  
Digital Transition ◽  
The Impact ◽  
Education Business

The article analyzes the impact of the consequences of the COVID-19 pandemic on the digitalization of public administration, healthcare, secondary and higher education, as well as entrepreneurial models of digital behavior in Germany. The author continues the study of the consequences of the Coronavirus crisis, which began in spring 2020, for the digital economic and political transformation of the economic leader of the European Union. Among other things, it relies on the results of numerous surveys conducted in late 2020 – early 2021. Particular attention is paid to the analysis of trends in the transition of companies to teleworking, the organization of “home offices” for employees, the restructuring of the work of government, health care, middle and higher education, business. The author analyzes the problems in the implementation of artificial intelligence, as well as the strengths and weaknesses of the digital transition in a pandemic and evaluates its short and medium term prospects. This topic is of interest to Russia – it was one of the main topics at the SPIEF in June 2020.

scholarly journals WEWNĘTRZNY RYNEK UBEZPIECZEŃ A HARMONIZACJA KONTRAKTU UBEZPIECZENIOWEGO

2017 ◽  
Vol 4 (2) ◽  
pp. 41
Author(s):  
Zdzisław Brodecki ◽  
Katarzyna Malinowska
Keyword(s):  
Product Liability ◽  
Contract Law ◽  
Insurance Contract ◽  
Private Law ◽  
European Contract ◽  
Insurance Contracts ◽  
General Contract Law ◽  
European Insurance ◽  
The Impact ◽  
European Contract Law

Tendencies on Internal Insurance Market vis a vis Harmonization of European Insurance Contract LawSummaryIn the paper, the authors describe the main contemporary process which takes place w ithin the insurance contract law in Europe - viz the Euro-merge of private law, as well as the evolution of the insurance contract law during the last decades. The process o f the unification of European private law will also affect the insurance contract law. First of all the impact o f the development o f the ideas shaped in a form of general contract law drafted as the Restatement of the Principles of European Contract Law by the „Lando Group” is undeniable. These rules also applicable to some extent to insurance contracts show that the process of the unification o f insurance contract law cannot be stopped and that it will constantly develop. There can also be observed a process of a specific European com m on law being developed in Europe in different branches, such as product liability, consumer protection, etc. This already influences the harmonization o f the European insurance contract law, and the obstacles to harmonization, existing even ten years ago, have disappeared. The Restatement o f Insurance Contract Law being in preparation by the „Group of Innsbruck” will probably constitute a basis for a future codification o f the insurance contract law.

scholarly journals Consumer Privacy in a Behavioral World

2019 ◽  
Author(s):  
Ignacio Cofone ◽  
Adriana Robertson
Keyword(s):  
Law Of Large Numbers ◽  
Information Overload ◽  
The Internet ◽  
Private Law ◽  
Online Behavior ◽  
Consumer Privacy ◽  
Behavioral Bias ◽  
Large Numbers ◽  
The Impact ◽  
Do So

In 2017, Congress repealed the FCC’s latest attempt to protect consumer privacy on the internet and allowed ISPs to continue to track their users’ online behavior. We evaluate the impact of this decision on consumer privacy in light of biased beliefs and information overload. We do so through a well-documented behavioral bias: Non-belief in the Law of Large Numbers. In doing so, we provide a framework for deciding why and how to protect consumer privacy. We then suggest private law and regulatory solutions to do so in a more effective way than either the current or the now-repealed regime.

scholarly journals The Impact of EU Law on Private Law - some thoughts on the impact of the non-discrimination principle on private autonomy

2013 ◽  
Vol 13 (1) ◽  
Author(s):  
Norbert Reich
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Private Law ◽  
Eu Law ◽  
Freedom Of Contract ◽  
Consumer Law ◽  
Charter Of Fundamental Rights ◽  
Private Autonomy ◽  
The Impact ◽  
The Eu

The paper discusses a new dimension of EU law, namely its impact on private law based on the principle of non-discrimination, thus deliberately going beyond concepts of autonomy and freedom of contract as recognised in all Member States and by the EU itself. Article 21 of the EU Charter of Fundamental Rights has �constitutionalised� this principle which originally found recognition in several EU directives on employment and consumer law analysed in this paper with a special regard to the growing case-law of the Court of Justice of the EU (ECJ).

scholarly journals LOGISTICS OF ONLINE TRADE IN THE CONTEXT OF GLOBALIZATION OF THE DIGITAL ECONOMY

2019 ◽  
pp. 62-77
Author(s):  
Nadiya POTAPOVA
Keyword(s):  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Digital Economy ◽  
The Internet ◽  
Global Changes ◽  
Digital Information ◽  
The European Union ◽  
Digital Platforms ◽  
Information And Communication ◽  
The Impact

The article highlights the issues of organization and functioning of logistics of online trade in the context of globalization of economic relations based on the introduction of modern digital information and communication technologies. The influence of digital economy on the changes in the forms of trade operations and the peculiarities of their organization in the Internet is studied. The differences between online and offline trading are estimated, as a result of which there is a propensity and loyalty of consumers to online purchases. The essence of logistics of online trade and features of its formation with the use of elements of virtual relationships with customers and suppliers are revealed. The article uses statistical data on the development of information and communication technologies in enterprises of Ukraine and open data of EU statistics for the period 2014-2018. The economic analysis of indicators of access to the Internet, e-Commerce operations and logistics for the service of electronic orders at the enterprises of Ukraine and the European Union allowed to determine the main trends that have developed in the digitalization of logistics of online trade and to assess the impact of digital platforms on global changes in trade.

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