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Digital Technologies and the Law of Obligations [Kõva köide]

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  • Formaat: Hardback, 220 pages, kõrgus x laius: 234x156 mm, kaal: 630 g
  • Ilmumisaeg: 30-Sep-2021
  • Kirjastus: Routledge
  • ISBN-10: 036751270X
  • ISBN-13: 9780367512705
Teised raamatud teemal:
Digital Technologies and the Law of ObligationsSuurem pilt
  • Formaat: Hardback, 220 pages, kõrgus x laius: 234x156 mm, kaal: 630 g
  • Ilmumisaeg: 30-Sep-2021
  • Kirjastus: Routledge
  • ISBN-10: 036751270X
  • ISBN-13: 9780367512705
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9780367512705.html
Märksõnad:
"Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies - including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence - as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies"--

Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges.

This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world.

Digital Technologies and the Law of Obligations

will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.



This book critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges.

Table of cases
xi
Table of legislation
xv
Preface xxiii
Abbreviations xxv
Notes cm contributors xxxi
1 Contract and tort law in the digital age: Contemporary challenges to the law of obligations
1(24)
Zvonimir Slakoper
Ivan Tot
1 Introduction
1(3)
2 Main topics and the overview of the EU legal framework
4(10)
2.1 Liability of internet intermediaries for third-party content
4(3)
2.2 Liability of collaborative economy platforms
7(2)
2.3 Liability for artificial intelligence and other emerging digital technologies
9(2)
2.4 Blockchain technology and blockchain-based smart contracts
11(3)
3 Structure and contributions
14(3)
3.1 Digital technologies and other contemporary challenges in tort law
14(2)
3.2 Contract law challenges posed by smart contracts
16(1)
3.3 Digital contracts, accounts, and services
17(1)
Bibliography
17(8)
PART I Digital technologies and other contemporary challenges in tort law
25(94)
2 Civil liability of internet intermediaries for illegal online content
27(18)
Matija Damjan
1 Introduction: illegal online content
27(1)
2 Safe haven under the E-Commerce Directive
28(4)
2.1 General
28(2)
2.2 Mere conduit and caching
30(1)
2.3 Hosting
31(1)
3 Technical neutrality of service providers
32(3)
4 Reaction time
35(1)
5 Unfounded takedown requests
36(2)
6 Type of liability
38(1)
7 New liability regime for content-sharing service providers
39(2)
8 Liability for hyperlinks
41(2)
9 Conclusion
43(1)
Bibliography
44(1)
3 The sharing economy as the contemporary challenge for the law of torts
45(9)
Radoslaw Strugala
1 Introduction: the sharing economy - not only pros
45(1)
2 Private law measures as a remedy
45(1)
3 Does tort law has a say?
46(1)
4 The sharing economy and reasons underlying vicarious liability
47(1)
5 Vicarious liability: the traditional view
48(1)
6 Vicarious liability: a new approach
49(1)
7 Future of vicarious liability and the platforms: fairness, justice, and trust
50(1)
8 The sharing economy and vicarious liability: conclusions
51(1)
Bibliography
52(2)
4 Rethinking tort law in the corporate group situation
54(23)
Christian A. Witting
1 Introduction
54(1)
2 Judgment-proofing in corporate groups
55(5)
3 The judicial response to judgment-proofing
60(5)
4 Special statutory scheme: The Oil Pollution Act 1990
65(6)
5 The way forward
71(3)
6 Conclusions
74(1)
Bibliography
74(3)
5 Blockchain-based registration and transfer of shares: Consequences in the area of the law of obligations
77(18)
Marcin Mazcaj
1 Introduction
77(1)
2 Keeping corporate records and share trading: legislators at the crossroads?
78(6)
2.1 The first problem: traeeability and intermediaries
79(1)
2.2 The second problem: transparency
80(1)
2.3 Is blockchain the solution?
81(1)
2.3.1 A few technical remarks
82(1)
2.3.2 Blockchain-based registration of shares
82(1)
2.3.3 Blockchain-based share trading
83(1)
3 Blockchain-based share registration and share trading versus the existing law of obligations
84(3)
3.1 General remarks
84(1)
3.2 Blockchain and corporate law - current state of affairs
85(2)
4 Civil liability for malfunctions of blockchain-based share registers or share trading platforms
87(4)
4.1 Example
87(1)
4.2 Legal nature of civil liability for fault entries in the stock ledger
87(2)
4.3 `Code-as-law' (or "code-as-contract"?) argument
89(1)
4.4 Risk-based or fault-based liability?
90(1)
5 Blockchain-based share transfers: smart contracts of sale of shares
91(1)
6 Conclusion
92(1)
Bibliography
93(2)
6 Liability for artificial intelligence
95(24)
Nasir Muftic
1 Introduction
95(2)
2 Current legal framework
97(4)
2.1 Jurisdiction in the EU
97(1)
2.2 Common bases (types) of liability
98(1)
2.2.1 Vault-based liability ami strict liability
98(1)
2.2.2 Vicarious liability
99(1)
2.2.3 Product liability
100(1)
3 Challenges to the current liability regime
101(8)
3.1 Characteristics of AI
101(1)
3.2 Challenges
102(1)
3.2.1 Who should be responsible?
102(1)
3.2.2 Which basis of liability should be employed?
103(1)
3.2.3 Regulatory level
104(1)
3.2.4 Proper time and scope of regulation
105(1)
3.2.5 Product Liability Directive
106(1)
3.2.6 Burden of proof and causation
107(2)
4 Possible solutions
109(6)
4.1 Proper allocation and basis of liability
109(1)
4.1.1 Electronic personality
109(2)
4.1.2 Manufacturers and users
111(2)
4.2 Position of injured persons
113(2)
5 Conclusion
115(1)
Bibliography
116(3)
PART II Contract law challenges posed by smart contracts
119(62)
7 What are smart contracts? An attempt at demystification
121(12)
Mateja Durovic
1 Introduction
121(1)
2 The notion of smart contracts
122(1)
3 Are smart contracts in fact contracts at ail?
122(1)
4 The history of smart contracts
123(1)
5 The relevance of smart contracts
124(1)
6 Smart contracts v legal contracts
125(1)
7 The issues with smart contracts
126(1)
8 Regulation of smart contracts
127(3)
9 Concluding remarks
130(1)
Bibliography
131(2)
8 The `contracting problem' revisited: Explaining the formation of algorithmic contracts under the common law
133(22)
Nicholas Liu
1 Introduction
133(1)
2 Algorithmic contracts defined
134(2)
3 What makes the contracting problem a problem?
136(7)
3.1 The insufficiency of statutory provisions in non-American common law jurisdictions
136(2)
3.2 The doctrinal nature of the contracting problem
138(5)
4 The vending machine, refurbished - a solution in two parts
143(9)
4.1 The offer
143(4)
4.2 The acceptance
147(5)
5 Conclusion
152(1)
Bibliography
153(2)
9 Addressing contemporary challenges in contract law through millenary concepts
155(11)
Andrea Faraci
Lugil Lonardo
1 Introduction
155(2)
2 Epieikeia and Avquitas
157(2)
3 Contemporary perspective about equity
159(2)
4 Smart contracts
161(2)
4.1 Classification
161(1)
4.2 Creation
162(1)
4.3 Execution
163(1)
5 Conclusion
163(1)
Bibliography
164(2)
10 Smart contracts and the evolution of a legal perspective on the protection of human rights
166(15)
Dino Gliha
Sandra Markovic
1 Introduction: blockchain and the digital revolution
166(1)
2 The concept and main features of smart contracts
167(4)
3 The application of smart contracts to legal relations
171(1)
4 Smart contracts within contract law
172(3)
5 Application of smart contracts
175(1)
6 Smart contracts and human rights
176(2)
7 Conclusion
178(1)
Bibliography
179(2)
PART III Digital contracts, accounts, and services
181(33)
11 How do terms of service agreements, as contracts of adhesion, influence users' digital accounts and their content?
183(18)
Duiir Avkak Lasicek
7 Introduction
183(1)
2 Contracts of adhesion
183(2)
3 Terms of Service agreements - wrap contracts
185(4)
4 Inheritability of digital accounts and its content (digital assets)
189(6)
4.1 Ownership of an account and its content
191(1)
4.2 Inheritability of digital accounts and their content
192(3)
5 Which rights does the user have over digital content -- ownership or licence?
195(2)
6 Conclusion
197(1)
Bibliography
198(3)
12 Online peer-to-peer accommodation services: The ECJ's judgment in Case C-390/18, Airbnb Ireland
201(13)
Kosjenka Dumancic
1 Introduction
201(2)
2 Key regulatory issues regarding the collaborative economy
203(2)
3 Peer-to-peer accommodation services
205(6)
3.1 Participants in peer-to-peer accommodation relationship
205(1)
3.2 Airbnb business model
206(5)
4 The ECJ judgment in Airbnb Ireland
211(3)
5 Conclusion
214(1)
Bibliography 214(3)
Index 217
Zvonimir Slakoper is a Full Professor of Civil Law and the Head of the Department of Civil Law at the University of Rijeka, Faculty of Law, and a Full Professor of Commercial Law at the University of Zagreb, Faculty of Economics and Business. His expertise covers the law of obligations, especially banking contracts, and company law, and he has written, co-authored, and edited several books, including university textbooks, and many journal articles in these fields.

Ivan Tot is an Assistant Professor of Commercial Law at the University of Zagreb, Faculty of Economics and Business. His research mainly focuses on the law of obligations, banking law, and European contract law. He is a Co-Chair of the ELI Croatian Hub.