Research Projects

Concurrence in European private law – Ruben de Graaff

In practice, parties and courts are often confronted with a patchwork of different applicable rules. Increasingly, those rules stem from different sources: national, European, international law. Within private law, these differences may have serious consequences. One regime may be more advantageous to the claimant, while the other protects the interests of the defendant. How should parties and courts handle these conflicts?

Private law and the violation of statutory provisions - Wouter den Hollander

Under public law, the violation of a statutory provision makes one liable to prosecution or may result in a fine. Under private law, such a violation may be invoked as a ground for liability for damage caused by that violation. This requires, however, the establishment of ‘relativiteit’ (Schutznorm doctrine, relativité aquilienne).