Judicial Creativity and the Law of Obligations South African Statutory Consumer Law and the Courts: The Curious Case of the Dog That Did Not Bark, by Jacques du Plessis 25 Oct 2024 1 Statutory Reform: the Consumer Protection Act 68 of 2008 The South African law of obligations is ‘mixed’, albeit in rather unequal parts. Most of its general principles derive from…
Comparison in Europe… Low-income energy consumers in France, Germany and the UK – Protection of vulnerable customers versus self-responsibility,By Prof. Dr. Peter Rott 25 Oct 202414 Nov 2024 Vulnerability of consumers can have many causes. One is poverty, or low income. One of the most tangible problems of low-income consumers is energy poverty, which the EU Commission has…
Judicial Creativity and the Law of Obligations Paternalism in Private Law: The Indian Supreme Court’s Evolving Interpretation of Section 11 of the Arbitration & Conciliation Act, 1996, by Abhijnan Jha and Natasha Singh 25 Oct 202428 Nov 2024 Introduction Where does judicial creativity end and judicial activism begin? The scholarly debate around the question remains unsettled, even as it assumes an increasing practical significance. In theory, judicial creativity…
Interwar Dialogue Richard Nikolaus Coudenhove-Kalergi and the Draft for a Pan-European Pact, by Anita Ziegerhofer 18 Oct 202420 Oct 2024 Introduction After the end of the “grand guerre”, continental Europe lost its position as a world power in favour of the USA and the newly established Soviet Union. Richard Nikolaus…
Judicial Creativity and the Law of Obligations Reforming the Law relating to Contracts for the Sale of Goods and the Sale and Supply of Digital Content and Services: A Brexit Divide?, by Paula Giliker 11 Oct 2024 This blog piece takes the theme of ‘Reforming the Law of Obligations and Judicial Activism’ and places it in the context of EU consumer contract law reforms. These have brought…
Book Review… Review of Roberto Scarciglia, Methods and Legal Comparison: Challenges for Methodological Pluralism, Edward Elgar Publishing, 2023, by Luca Siliquini-Cinelli 4 Oct 20248 Oct 2024 The thing about comparative law is that it is not law. Comparative law is not like, say, contract or tort law—i.e. a specific field of law with its own principles,…
