Flashcards private law

What is private law?

Law that governs relationships between private individuals or entities, including contracts, property rights, tort and obligations

What is European private law?

Eu laws affecting private relationships between individuals or businesses

What is the public-private divide in law

Distinction between private interests (contracts, property) and public regulation; often blurred in modern private law

How does Europeanisation influence private law?

Eu directives harmonize private law across member states, especially in consumer protection

What is the role of 114 art TFEU in private law?

Legal basis for harmonizing laws related to the internal market, especially consumer protection directives.

What are the main areas of private law?

Contracts, torts, property, family, succession, company law and private international law

What is party autonomy in private law?

Freedom of parties to decide terms of their contracts, including applicable law and dispute resolution mechanisms.

What is the role of the CJEU in private law?

Ensures compliance with EU law, harmonizes rules, and resolves conflicts between EU and National laws.

What is the horizontal effect in private law?

Application of fundamental rights to private relationships, like non discrimination

What are four types of inequality

Income, needs, opportunity, and power.

What is formal equality?

Treating everyone the same under the law.

What is substantive equality?

Adjusting rules to account for differences in power or circumstances.

How does private law reinforce inequality?

By allowing stronger parties, like employers to impose terms on weaker ones, like workers.

How does private law address inequality?

By protecting weaker parties through regulations like consumer and labor laws.

What is distributive justice?

Fair distribution of resources across society.

What is corrective justice?

Restoring fairness between parties in a specific case.

What is the relationship between inequality and contracts?

Contracts can perpetuate inequality if one party has significantly more bargaining powwer.

What is constitutionalization of private law?

Influence of fundamental rights, like equality, dignity on private relationships.

What is the role of tort law in addressing inequality?

Provides remedies for harm, often protecting weaker parties.

What are vulnerable parties in private law?

Groups with less bargaining power, such as employees, tenants, and consumers.

What is economic duress?

When one party forces another into a contract under financial pressure.

What is unconscionability?

A doctrine invalidating unfair contracts that exploit one party’s vulnerability.

What is freedom of contract?

The principle that parties can freely agree on contract terms with minimal state interference.

How can freedom of contract lead to inequality?

Weaker parties may be forced to accept unfair terms.

What is the lochner case?

A US case prioritizing freedom of contract over worker protection, criticized for ignoring inequality.

How does EU law limit freedom of contract?

By imposing mandatory rules, like consumer protection laws, to prevent abuse.

What is the role of good faith in contracts?

Ensures fairness by requiring honesty and reasonable behavior.

What is the doctrine of abuse of circumstances?

Allows courts to void contracts of formed under exploitation for extreme imbalance.

What is energy poverty?

When household cannot afford basic energy services, like heating or electicity.

What causes energy poverty?

High energy costs, low incomes, inefficient housing.

What is energy justice?

Ensuring fair acces to energy, focusing on distribution, fair procedures, and recognition of marginalized groups.

What is the 2019 electricity directive?

EU law requiring member states to protect vulnerable consumers and prevent disconnections.

What is the 2023 Energy Efficiency Directive?

First EU-wide definition of energy poverty; focuses on accessibility and affordability.

What is a prosumer?

A consumer who also produces energy like via solar panels.

What is the role of consumer protection in energy law?

Ensures transparency, fair pricing, and acces to energy for all consumers.

How does private law address energy inequality?

Regulates contracts between energy providers and consumers, ensuring fairness.

What is social dumping?

Exploiting cheaper labor in another country, undermining local workers’ rights.

What is the revised posted workers directive?

Ensures equal pay for equal work and combats social dumping.

What is the role of private law in labor relations?

Governs employment contracts and protects workers’ rights.

What is the distinction between formal and substantive equality in labor law?

Formal equality treats all workers the same. Substantive equality accounts for power imbalances.

What is collective bargaining?

Negotiations between employers and workers to improve terms and conditions.

What is precarious work?

Employment with low pay, insecurity, and lack of benefits, often affecting vulnerable workers.

How does labor law address inequality?

By setting minimum standards for pay, hours, and safety.

What is the role of the CJEU in labor law?

Interprets EU directives to ensure worker protections.

What is commodification of housing?

Treating housing as a market good rather than a basic right.

What is the Libert case?

A case on restrictions for property purchases. The CJEU emphasized proportionality.

What are key housing inequalities?

Affordability, accessibility, and discrimination in rental agreements.

What is the role of tenancy law?

Protects tenants through rent control security of tenure, and anti-discrimination measures.

What is social housing?

Housing provided at reduced cost for low-income households, often regulated by the state.

How does private law address housing inequality?

Regulates contracts between landlords and tenants, ensuring fair terms.

What are rent caps?

Laws limiting the amount of landlords can charge for rent to ensure affordability.

What is the public-private balance in housing?

Balancing market mechanisms with state intervention to ensure acces to housing.

What is direct discrimination?

Treating someone unfairly due to a protected characteristic, like gender or race.

What is indirect discrimination?

A neutral rule that disproportionately disadvantages a protected group.

What is the burden of proof in discrimination cases?

Shifts to the accused once the claimant shows a presumption of discrimination.

What remedies exist for discrimination?

Compensation, injunctions, and non financial remedies like apologies.

What is the role of the cjeu in anti discrimination law?

Interprets EU directives to ensure effective enforcement of equality principles.

What is the significance of the Feryn case?

A case where public statements by an employer were enough to establish discrimination.

What is situation testing?

A method of proving discrimination by comparing treatment of individuals in similar scenarios.

What is the goal of EU anti discrimination law?

To ensure effective, proportionate, and dissuasive measures to protect equality.