Rotterdam Institute of Private Law

Rotterdam Institute of Private Law

The Rotterdam Institute of Private Law is committed to in-depth research in the broad field of private law. The Institute fosters the two research programmes 'Lex Mercatoria' and 'Behavioural Approaches to Contract and Tort: Relevance for Policymaking'.

The Institute's Board consists of professors S.D. Lindenbergh (chair of Civil Law), K.F. Haak (chair of Commercial Law) and F.J.M. De Ly (chair of International Private and Comparative Private Law). The research input of the Institute is represented by staff members of the entire faculty.

RIPL Series

The RIPL series, hosted by BJU Publishers, showcases the research output of the RIPL.

Volume I

Volume 1 of the series (Eenvormig bedrijfsrecht: realiteit of utopie?' [2006] [Uniform business law: reality or a Utopian dream?]), edited by F.J.M. De Ly, K.F. Haak, and W.H. van Boom), deals with the aims and effective implementation of international sources of uniform law ranging from treaties in the field of private law to EU Directives in the Dutch legal order.

Volume II

The second volume (Personenschade van de reiziger in Europees perspectief [2007] [Personal Injury and Travellers in a European Context]) deals with various personal injury topics in the transport industry. Limitation of liability of the transporter is common practice in (treaties on) transport contracts. The draft Regulations of the European Commission (COM 2005/592) aims to raise the limits of liability with regard to personal injury arising from transport by water (both sea and inland). This regulation was the direct motivation to bring scholars from the Erasmus University of Rotterdam together to reflect on the subject of limitation in transport contracts. Their contributions concern new developments in the following areas: international transport of persons (Krijn Haak); concurrence of international regulations regarding overseas and inland transport of persons (Frank Smeele); limitation of liability for personal injury sustained by travellers: technique and tendency in private law in general (Siewert Lindenbergh); personal injury within a European context, international developments in air transportation (Ingrid Koning); and personal injury sustained by travellers in terms of a law and economics approach (Louis Visscher and Roger van den Bergh).

Volume III

In a joint project a group of researchers of the research program 'Lex Mercatoria' at Erasmus School of Law, Rotterdam have compiled the book 'Opgelegde bescherming in het bedrijfsrecht' (Imposed protection in business law). The aim of this study is to explore and critically assess instances within business law where legislators and/or the courts have found it necessary to interfere in the fundamental private law principles of party autonomy and freedom of contract. The study not only provides an overview of where these instances can be found, but analyses also which legal means are applied to effect the imposed protection, the ratio for imposing this protection and the historical development wherever relevant.

The specific areas covered in the various contributions include:

  • European private international law and jurisdiction law (Van Bochove/Kramer);
  • employment law (Houweling/Langedijk), - the general assembly of shareholders (Klaassen);
  • freedom of establishment of companies (Hijink/Timmerman);
  • protection of minority shareholders in the case of cross-border mergers (Verbrugh);
  • conflict of interest of the company and the interests of trade (Mussche);
  • limitation of liability of chartered accountants in the EU (Nass/Beckman);
  • the duty of care of the financial services provider (Pijls);
  • the law applicable to investment services contracts under the Rome I Regulation (Arons); banking regulation: Lessons from the financial crisis (Pacces);
  • the contract for the carriage of goods (Hoeks);
  • commission of work to sub-contractors (Zwitser); limitation of liability of the ship-owner (Smeele); insurance law (Wansink/Van Ardenne-Dick/Blom/Van Tiggele);
  • intellectual property law (Cohen Jehoram; Synthesis and conclusions (De Ly).