In the Module, the common private law of Europe is addressed transversally through four different undergraduate courses: European Legal History, EU Law, Contracts, and Property.

Robolaw: Legal Aspects of Robotics and “Human Enhancement”

On April 14, 2015, Dr. Andrea Bertolini, from the Scuola Superiore St. Anna in Pisa, and Dr. Christoph Bezemek, from the Vienna University of Economics and Business, discussed the legal and ethical aspects of robotics and the so-called “human enhancement.”

The two distinguished scholars presented the issue of human enhancement through the use of robotic technologies, and how it can be framed within European law and principles in order to identify legal solutions to the many questions that it poses.

Indeed, today technological advancement allows so profound and radical interventions onto the human body, so capable of pushing existing capabilities beyond limits up to today deemed unconceivable, as to question the very notion of human being. Faced with that reality, a thoughtful jurist will consider whether the principles of self-determination, equality and human dignity provide sufficient criteria in order to determine what kind of behaviour, choice, and intervention should be allowed. Such a jurist will aim at identifying boundaries between practices that are desirable and ought to be permitted — e.g., recovering a lost function for a person with disabilities — and practices that instead appear problematic — e.g., replacing an otherwise perfectly functional limb with a more performing artificial one.

The conference was presented and led by Dr. Marco de Benito, Professor of IE University.

You can watch the whole video, conveniently divided in different sections with a table of contents to get to them directly, here.

Postcontractual Obligations and Liability

Andrea Bertolini, a Fellow in Private Law at the Scuola Superiore St. Anna in Pisa, delivered today a conference under the title “Postcontractual Obligations and Liability” in the Segovia campus of IE University.

In the conference, Dr. Bertolini explained his theory on this topic. He proposed to address all the different types of duties and obligations existing after the contract has been performed or terminated in a unified manner, based on the idea of good faith. And he did so with a truly European perspective, which allows the theory to apply in the main European jurisdictions without the need to resort to statutory intervention.

Dr. Bertolini was introduced by Dr. Marco de Benito Professor of Law at IE University. Dr. Francisco de Elizalde, also Professor of Law at IE University, acted as discussant.

International arbitration as a spontaneous legal order

On 3 December 2014, at IE Paper Pavilion, Marco de Benito and Sonsoles Huerta de Soto spoke on international arbitration as a spontaneous order.

The consideration of international arbitration as an autonomous legal order, through which private law is applied in a growingly uniform manner, is a hot legal topic. The speakers explained how the principles of the Austrian School of Economics provide the key to understand this transnational arbitral order.

You can see the whole video, conveniently divided in different sections with a table of contents to get to them directly, here.

Publication of Contratto alieno, arbitrato, diritto europeo dei contratti

Marco de Benito has published the article Contratto alieno, arbitrato, diritto europeo dei contratti (Rivista del Consiglio, nº 3, Ordine Avvocati di Milano, Wolters Kluwer Italia, December 2013). The article contains the text of the conference delivered in the Aula Magna of Milan’s Palazzo di Giustizia on 19 April 2013.

Publication of Historia del derecho en Europa

Bart Wauters and Marco de Benito have published, within the activities of the Jean Monnet Module “Towards a Common Private Law of Europe,” Historia del derecho en Europa, a concise account of European legal history from Rome to the 20th century codifications.

Historia del derecho en Europa is written for students and all those readers — whether legal students, scholars, lawyers, or the general public — interested in this essential aspect of European history. The book offers a description of the different ways of understanding the law in the context of Europe’s political, economic, social, and cultural development. It does not seek to be encyclopedic, but instead aims at presenting the key developments and most crucial points in European legal history.

Through this work we seek to allow readers to understand how the law arose and evolved in Europe as a shared language, of which its different national laws are but dialectal expressions — with the unique exception, perhaps, of English common law, whose peculiarity is likewise due to accidents of history. Thus the authors hope to help tomorrow’s lawyers and legal professionals — along with those of today, and anyone interested in the law — to develop the ability to critically and independently evaluate their own professional activity in the society in which they live.

The book — the first of the IE Law School-Aranzadi Collection — was presented on 4 November 2013 at IE Paper Pavilion by a panel made up by Javier de Cendra, Dean of IE Law School, Fernando Reinoso, Professor of Roman law at Universidad Complutense, Javier Moscoso del Prado, President of Thomson Reuters Aranzadi’s Editorial Board, and the authors.

Grotius: reshaping the law of obligations

On November 28, 2013, Tammo Wallinga, Professor of Legal History at the Erasmus University Rotterdam (Netherlands) and the University of Antwerp (Belgium), led a seminar under the title “Grotius: Reshaping the Law of Obligations.”

In the conference, held in the Segovia campus of IE University, Professor Wallinga explained how the humanist and natural law trends of the 16th and 17th centuries influenced the systematization of private law, in particular through the contributions of the great Dutch jurist Hugo Grotius (1583-1645), which would deeply affect the manner in which law would be conceived in Europe from that moment until today.

Professor Wallinga was introduced by Marco de Benito, Professor at IE University, with Bart Wauters, also Professor at IE University, acting as discussant.

Trust, contract, property

“Trust, Contract, Property” and “Trusts in Civil Law Systems” were the topics of the two first seminars of the European Module “Towards a Common Private Law of Europe” of IE University.

The seminars were led by Paola Manes, Professor at the University of Bologna, a close collaborator of the great Francesco Galgano and a renowned expert in the field. Professor Manes guided the audience through the complexity of the legal structure of trusts and the difficulties they raise from a civil law perspective.

The first seminar was held on November 18 in the Madrid campus of IE University, with Francisco Marcos, Professor of IE Law School, as discussant. A number of lawyers and professors from other universities attended the event. The second seminar took place on November 19 in the Segovia campus of IE University. Marco de Benito and Francisco de Elizalde, Professors of IE Law School, joined Paola Manes at the table. Both events included a lively discussion.