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Digital Technologies and the Law of Obligations

Digital Technologies and the Law of Obligations

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367512705
  • 出版时间 September 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781032065038
RM961.88
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  • 描述 
  • 大纲 
  • 详细

    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.

  • Table of cases
    Table of legislation
    Preface
    Abbreviations
    Notes on contributors
    Introduction
    Chapter 1: Contract and Tort Law in the Digital Age: Contemporary Challenges to the Law of Obligations
    Zvonimir Slakoper and Ivan Tot
    Part I: Digital Technologies and Other Contemporary Challenges in Tort Law
    Chapter 2: Civil Liability of Internet Intermediaries for Illegal Online Content
    Matija Damjan
    Chapter 3: Sharing Economy as the Contemporary Challenge for the Law of Torts
    Radosław Strugała
    Chapter 4: Rethinking Tort Law in the Corporate Group Situation
    Christian A Witting
    Chapter 5: Blockchain-Based Registration and Transfer of Shares: Consequences in the Area of Law of Obligations
    Marcin Mazgaj
    Chapter 6: Liability for Artificial Intelligence
    Nasir Muftić
    Part II: Contract Law Challenges Posed by Smart Contracts
    Chapter 7: What are Smart Contracts? An Attempt of their Demystification
    Mateja Durovic
    Chapter 8: The ‘Contracting Problem’ Revisited: Explaining the Formation of Algorithmic Contracts under the Common Law
    Nicholas Liu
    Chapter 9: Addressing Contemporary Challenges in Contract Law through Millenary Concepts
    Andrea Faraci and Luigi Lonardo
    Chapter 10: Smart Contracts and Evolution of Legal Perspective on Protection of Human Rights
    Dino Gliha and Sandra Marković
    Part III: Digital Contracts, Accounts, and Services
    Chapter 11: How Terms of Service Agreements, as Contracts of Adhesion, Influence Users’ Digital Accounts, and Their Content?
    Dubravka Klasiček
    Chapter 12: Online Peer-to-Peer Accommodation Services: The ECJ’s Judgment in Case C-390/18, Airbnb Ireland
    Kosjenka Dumančić
    Index

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