Universiteit Maastricht

Maastricht European Private Law Institute

Current projects


Researcher
Anna Berlee

Type of the project
PhD

Title of the project
The Transparency Principle in European Property Law

Main issue(s) addressed
Is transparency (still) a fundamental principle of property law in Europe?

Short description
One of the main distinguishing features of property rights as opposed to personal rights is their possibility to bind third parties. The justification for the ability to bind third parties, is that third parties are adequately informed about the existence and content of such a right. They must be public (Publicity) and it must be clear as to which object they relate (Specificity). This is laid down by the transparency principle. Legal reality however is somewhat different, and exceptions to the principle are plentiful. The research is aimed at discovering the nature of transparency, the extent of its existence in five Member States of the European Union and what that means for a (possible) EU autonomous transparency principle.

Duration
1 September 2011 - 31 August 2015


Researcher
William Bull

Type of the project
PhD

Title of the project
EU Optional Instruments: Towards a Theory of Marketability

Main issue(s) addressed
To what extent is the attractiveness of optional instruments to end users dependent on their instrument-specific provision?

Short description
Research project focuses on existing and proposed optional instruments in different fields of EU law, including contract, company and intellectual property law, in order to analyze the benefits and disadvantages of creating optional private law at European level, and to what extent these differ depending on the particular optional instrument in question.

Duration
1 June 2011 - 31 May 2015

Researcher
Hester van der Kaaij

Type of the project
PhD

Title of the project
Towards a general theory of juridical acts

Main issue(s) addressed
Juridical acts

Short description
The research aims to lay the foundation for a general theory on juridical acts, which will be suitable for both public and (European) private law. In order to achieve this goal a conceptual analysis will be created on the basis of institutional theories of law and speech act theories. This analysis will be used in a comparative study of nullities in private and administrative law.

Duration
15 January 2011 - 14 January 2015



Researcher
Julieta Marotta

Type of the project
PhD

Title of the project
Innovative Forms of Access to Justice: Legal Empowerment of the Poor Legal Justice Seeker through Intermediary Public-Funding Institutions

Main issue(s) addressed
How and why does access to Legal Aid Offices legally empower poor legal Justice Seekers to solve justiciable problems?

Short description
A microanalysis will look at the phenomenon of legal aid offices as intermediary public funding institutions (Legal Aid Offices) created to improve access to justice for the poor. It departs from a normative concept that understands access to justice as a right granted to every member of society regardless of economic and social conditions. It will focus in a comparative case study analysis in three jurisdictions:  Argentina, United States of America (USA), and United Kingdom (UK). It will undertake a comparative empirical legal analysis and explore how the activities of the Legal Aid Offices legally empower justice seekers to solve real life problems.

Duration
01 October 2011 – 01 July 2014


Researcher
Agustin Parise

Type of the project
PhD

Title of the project
The Evolution of Ownership in American Civil Law Jurisdictions: A Melting Pot of European Private Law and Regional Culture

Main issue(s) addressed
The project will study socio-historical events that took place in American jurisdictions, and that influenced changes in the concept of ownership.

Short description
The project encompasses a comparative legal-historical study of European and American law and culture. The project addresses the concept of ownership in a selection of American jurisdictions. The project will provide new knowledge on the influence that European law had in the property law of American jurisdictions.

Duration
01 October 2011 – 01 October 2015


Researcher
Liao Wenqing

Type of the project
PhD

Title of the project
How Far the Theory of Efficient Breach Could Reach

Main issue(s) addressed
The applicability of the efficient breach doctrine in contract practice

Short description
The Economic Analysis of Law has given rise to many projects seeking to explain the relationship between legal rules and economic efficiency. One of these projects involves the well-known concept of efficient breach. The paper will give a brief profile of this doctrine and show how to coordinate it with
legal rules and practices.  

Duration
01 September 2011 – 31 August 2015