M-EPLI Publications
Working papers series
The main channel by which M-EPLI supports and disseminates the scholarship of its members is the M-EPLI papers series, available in PDF format at SSRN. The series is also open to interested third parties. We encourage you to send in papers that fall within the ambit of M-EPLI’s interests. You can submit them to mepli@maastrichtuniversity.nl.
Sjef van Erp, Ownership of Digital Assets and the Numerus Clausus of Legal Objects, No. 2017/6.
Caroline Cauffman, The implementation of the Antitrust Damages Directive in Luxembourg, No. 2017/5.
Caroline Cauffman, The implementation of the Antitrust Damages Directive in Belgium, No. 2017/4.
Caroline Cauffman, Nullity Under Art. 101(2) TFEU, No. 2017/3.
Madalena Narciso, Review Mechanisms in Online Marketplaces and Adverse Selection: A Law and Economics Analysis, No. 2017/2.
Lars van Vliet, Transfer of Property Inter Vivos, No. 2017/1.
Caroline Cauffman, Critical Remarks on the ADR Directive, No. 2016/13.
Jaap Hage, Should Autonomous Agents Be Liable for What They Do?, No. 2016/12.
Jaakko Husa, Global Constitutionalism - A Critical View, No. 2016/11.
Bram Akkermans, Predicting the Future of European Property Law, No. 2016/10.
Jan Smits, Till Death Us Do Part? On Lifelong and Fixed-Term Marriage, No. 2016/09.
Orsolya Tokaji-Nagy, How the Direct Selling Industry Lobby Influenced the Consumer Rights Directive: A Case Study on the Impact of Lobbying on EU Law, No. 2016/08.
Caroline Cauffman, The Commission's European Agenda for the Collaborative Economy - (TOO) Platform and Service Provider Friendly?, No. 2016/07.
Gijs van Dijck, Victim Oriented Tort Law in Action: An Empirical Examination of Catholic Church Sexual Abuse Cases, No. 2016/06.
Jan Smits and Caroline Calomme, The Reform of the French Law of Obligations: Lex Jeux Sont Faits, No. 2016/05.
Fabian Junge, The Necessity of European Harmonization in the Area of Trade Secrets, No. 2016/04.
Jan Smits, The Expanding Circle of Contract Law, No. 2016/03.
Jaap Hage, Anything goes: an apology for parallel distributed legal science, No. 2016/02.
Jan Smits, The New EU Proposal for Harmonised Rules for the Online Sales of Tangible Goods (COM (2015) 635): Conformity, Lack of Conformity and Remedies, No. 2016/01.
Bram Akkermans, The Numerus Clausus of Property Rights, No. 2015/10.
Jan Smits, Enforcing Corporate Social Responsibility Codes Under Private Law, Or: On the Disciplining Power of Legal Doctrine, No. 2015/09.
Anna Beckers, Nicole Kornet and Janwillem Oosterhuis, Who Does What in Commercial Law? The Case for a Multi-Level & Multi-Actor Approach to Regulating Commercial Transactions, No. 2015/08.
Jaap Hage, Logical Tools for Legal Pluralism, No. 2015/07.
Jan Smits, What is Legal Doctrine? On the Aims and Methods of Legal-Dogmatic Research, No. 2015/06.
Jan Smits, Do Small Jurisdictions Have a More Complex Law? A Numerical Experiment in Constitutional and Private Law, No. 2015/05.
Sjef van Erp, Security Interests Burdening Transport Vehicles: The Cape Town Convention on International Interests in Mobile Equipment and its Implementation in the Netherlands and on the Dutch Caribbean Islands, No. 2015/04
Kate O Reil, When Law and Culture Collide: The Uniform Application of European Private Law, No. 2015/03
Jan Smits, The Future of Contract Law in Europe, No. 2015/02.
Jan Smits, Does the Law of Delict Have a Future? On Neuroscience and Liability, No. 2015/01.
Oliver Cojo Manuel, Third-Party Litigation Funding: Current State of Affairs and Prospects for its Further Development in Spain, No. 2014/20
Caroline Cauffman and Niels Philipsen, Who Does What in Competition Law: Harmonizing the Rules on Damages for Infringements of the EU Competition Rules?, No. 2014/19
Janwillem Oosterhuis, Unexpected Circumstances Arising from Word War I and Its Aftermath: 'Open' versus 'Closed' Legal Systems, No. 2014/18. Also published in Erasmus Law Review, volume 7, issue 2, pp. 67-79.
Katri Havu, Fault in EU Law Based Competition Restriction Damages Cases, No. 2014/16.
Willem Loof and Anna Berlee, Case Study: Harmonizing Security Rights, No. 2014/15.
Bram Akkermans, European Union Constitutional Property Law, No. 2014/14.
Jaap Hage, Comparative Law as Method and the Method of Comparative Law, No. 2014/11.
Jaap Hage, The Justification of Value Judgments, No. 2014/9.
Jaap Hage, On Which Level Should Private Law in Europe Be Created?, No. 2014/8.
Bram Akkermans, The Comparative Method in Property Law, No. 2014/7.
Remco van Rhee, The Low Countries until 1800, No. 2014/6.
Villy De Luca, The Conformity of the Goods to the Contract in International Sales, No. 2014/5.
Remco van Rhee, An Unsuccesful Attempt to Modernise Civil Procedure in the Netherlands in the Early Twentieth Century, No. 2014/4.
Remco van Rhee, Locus Standi in Dutch Civil Litigation in Comparative Perspective, No. 2014/3.
Remco van Rhee, Presumptions in Dutch Private Law (19th and 20th Centuries) Within a European Context, No. 2014/2.
Lotte Meurkens, The Punitive Damages Debate in Continental Europe: Food for Thought, No. 2014/1.
Janwillem Oosterhuis, Convergence and Unification of 19th-Century European Commercial Sales Law, No. 2013/16.
Orsolya Tokaji-Nagy, The (In)Compatibility of Direct Selling Trade Barriers with EU Law: Before and After the Consumer Rights Directive, No. 2013/15
Sjef van Erp, Contract and Property Law: Distinct, but not Separate, No. 2013/14
Caroline Cauffman, The European Commission Proposal for a Directive on Antitrust Damages: A First Assessment, No. 2013/13
Jan Smits, Three Models of Legal Education and a Plea for Differentiation, No. 2013/12
Jan Smits, Of the Vocation of Our Age Against Codification: On Civil Codes in the Information Society, No. 2013/11
Nicole Kornet, Future-Minded Legal Education in Europe: The European Law School, No. 2013/10
Bram Akkermans, Standardisation of Property Rights in European Property Law, No. 2013/09
Nicole Kornet, The Interpretation and Fairness of Standardized Terms: Certainty and Predictability Under the CESL and the CISG Compared, No. 2013/08
Bram Akkermans, The Use of the Functional Method In European Union Property Law, No. 2013/07
Jaap Hage, Conceptual Tools for Legislators Part 2: Pathways through the World of Law, No. 2013/06
Caroline Cauffman, The Principle of Proportionality and European Contract Law, No. 2013/05
Caroline Cauffman, The Impact of EU Law on Belgian Consumer Law Terminology, No. 2013/04
Caroline Cauffman, The Impact of Voidness for Infringement of Article 101 TFEU on Linked Contracts, No. 2013/03
Jan Smits, Private Law in a Post-National Society: From Ex Post to Ex Ante Governance Maastricht European Private Law Institute, No. 2013/2
Jan Smits, Problems of Uniform Sales Law – Why the CISG May Not Promote International Trade Maastricht European Private Law Institute, No. 2013/1
Jaakko Husa, Legal Culture vs. Legal Tradition - Different Epistemologies?, No 2012/18
Jan Smits and William Bull, European Harmonisation of Intellectual Property Law: Towards a Competitive Model and a Critique of the Proposed Unified Patent Court, No 2012/16
Jan Smits, Rethinking Methods in European Private Law, No 2012/15
Bram Akkermans & Eveline Ramaekers, Lex Rei Sitae in Perspective: National Developments of a Common Rule? No 2012/14
Jan Smits, Party Choice and the Common European Sales Law, or: How to Prevent the CESL from Becoming a Lemon on the Law Market, No 2012/13
Constanze Semmelman, The Public-Private Divide in European Union Law or an Overkill of Functionalism, No 2012/12
Jan Smits, The Common European Sales Law (CESL) Beyond Party Choice, No 2012/11
Jaap Hage, Juridical Acts and the Gap between Is and Ought, No 2012/10
Jan Smits, What Do Nationalists Maximise? A Public Choice Perspective on the (Non-) Europeanization of Private Law, No 2012/9
Jaap Hage, The Deontic Furniture of the World: An Analysis of the Basic Concepts that Embody Normativity, No 2012/8
Constanze Semmelmann, Legal Principles in EU Law as an Expression of a European Legal Culture between Unity and Diversity, No 2012/7
Ursula Pachl, The Common European Sales Law - Have the Right Choices Been Made? A Consumer Policy Perspective, No 2012/6
Giesela Ruhl, The Common European Sales Law: 28th Regime, 2nd Regime or 1st Regime?, No 2012/5
Nicole Kornet, The Common European Sales Law and the CISG-Complicating or simplifying the Legal Environment?, No 2012/4
Caroline Cauffman, Access to Leniency related Documents after Pfleiderer, No 2012/3
Gary Low, A Numbers Game – The Legal Basis for an Optional Instrument in European Contract Law, No 2012/2
Jan Smits, A Radical View of Legal Pluralism, No 2012/1
Jaap Hage, Construction or Reconstruction? On the Function of Argumentation in the Law, No 2011/37
Jaap Hage, Can Legal Theory Be Objective? , No 2011/36
Jan Smits, Michael G. Faure, Does Law Matter? An Introduction, No 2011/35
Caroline Cauffman, The interaction of Leniency Programmes and Actions for Damages, No 2011/34
Mieke Olaerts & Caroline Cauffman, Química: further developing the rules on parent company liability. No 2011/33
Mirjami Paso, Court of Justice of the European union as a rhetorical figure. No 2011/32
Jan Smits, Is Law a Parasite? An Evolutionary Explanation of Differences Among Legal Traditions, No 2011/31
Bram Akkermans, The European Union Development of European Property law, No 2011/30
Bram Akkermans, The role of the (D)CFR in the making of European property Law, No 2011/29
Remco van Rhee, Harmonisation of civil procedure: an historical and comparative perspective, No 2011/28
Bram Akkermans, The European Union Development of European Property Law, No 2011/27
Bram Akkermans & E. Ramaekers, Free Movement of Goods and Property Law, No 2011/26
Lars van Vliet, Acquisition and Loss of Ownership of Goods – Book VIII of the Draft Common Frame of Reference, No 2011/25.
Lars van Vliet, Transfer of Movables as a Legal Act, No 2011/24
Lars van Vliet, A Factual Assessment of Book 8 of the Draft Common Frame of Reference (Acquisition and Loss of Ownership of Goods), No 2011/23
Michael Faure, Regulatory Strategies in Environmental Liability, No 2011/22.
Lars van Vliet, Mortgages on Immovables in Dutch Law in Comparison to the German Mortgage and Land Charge, No 2011/21.
Michael Faure, Globalization and Multi-Level Governance of Environmental Harm, No 2011/20.
Jaap Hage, Elusive normativity: a review article on Bertea's the normative claim of law, No 2011/19.
Nicole Kornet, English-medium legal education in continental Europe: Maastricht University's European Law School - experiences and challenges, No 2011/18.
Nicole Kornet, Building a European-oriented law curriculum, No 2011/17.
Remco van Rhee, Introduction in within a reasonable time: the history of due and undue delay in civil litigation, No 2011/16
Remco van Rhee, The history of the 'huissier de justice'in the low countries, No 2011/15.
Jan Smits, Plurality of Sources in European Private Law, or: How to Live with Legal Diversity? No 2011/14.
Jaap Hage, A model of legal acts: part 2: the operation of legal acts, No 2011/13.
Jaap Hage, A model of legal acts: part 1: the world of law, No 2011/12.
Jaap Hage, Comparative Law and Legal Science, No 2011/11.
Sjef van Erp, Teaching law in Europe: from an intra-systemic, via a trans-systemic to a supra-systemic approach, No 2011/10
Jaap Hage, Legal Transactions and the Derivation of 'Ought' from 'Is', No 2011/09.
Jaap Hage, The Method of a Truly Normative Legal Science, No 2011/08.
Nicole Kornet, Evolving general principles of international commercial contract the unidroit principles and favor contractus, No 2011/07.
Nicole Kornet, Contracting in China: Comparative Observations on Freedom of Contract, Contract Formation, Battle of Forms and Standard Form Contracts, No 2011/06.
Caroline Cauffman, Injunctions at the Request of Third Parties in EU Competition Law, No 2011/05
Caroline Cauffman, The DCFR and the Attempts to Increase the Private Enforcement of Competition Law: Convergences and Divergences, No 2011/04.
Martin Gelter & Mathias Siems, Networks, Dialogues or One-Way Traffic? An Empirical Analysis of Cross-Citations Between Ten European Supreme Courts, No. 2011/03.
Jan Smits, European Legal Education, or: How to Prepare Students for Global Citizenship? No. 2011/02
Jan Smits, The Right to Change Your Mind? Rethining the Usefulness of Mandatory Rights of Withdrawal in Consumer Contract Law, No.2011/01.