Estudios del Parlamento Europeo

El Parlamento Europeo ha publicado sendos estudios, encargados a especialistas, acerca de las reclamaciones transfronterizas sobre obras de arte saqueadas y del Derecho contractual mercantil europeo.

European Commercial Contract Law [Study]
Author: Andrea Bertolini, Ph.D., LL.M. (Yale), Associate Professor of Private Law, Scuola Superiore Sant’Anna (Pisa).

This study – commissioned by the Policy Department C at the request of the Committee on Legal Affairs – aims at discussing the reasons why the law chosen in commercial contracts is largely non-European and non-member state law. To do so, it first provides an overview of the relevant academic and policy efforts underwent to formulate a European contract law. Then it moves on to touch upon a broad spectrum of matters emerging both from international reports on the adjudication and the functioning of the courts systems, as well as from academic literature on matters that span from contract qualification, interpretation, integration, and some fundamental aspects of remedies.

Cross-border claims to looted art [Study]
Author: Dr. Evelien Campfens, Leiden University.

This study addresses cross-border restitution claims to looted art, considering Nazi-looted art and colonial takings, but also more recent cultural losses resulting from illicit trafficking. Although these categories differ considerably, commonalties exist. The study highlights blind spots in the legal and policy frameworks and formulates recommendations on how these could be bridged. This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee.