It can be safely considered common knowledge that it is difficult to consistently predict a judic... more It can be safely considered common knowledge that it is difficult to consistently predict a judicial outcome. The term by which these situations are best described is legal uncertainty. Professor Anthony D’Amato defines legal uncertainty in a mathematical sense, as meaning that a legal rule is expected by informed attorneys to have an official outcome at or near the 0.5 level of predictability, which means that the outcome is barely indistinguishable from random prediction. Other definitions have been introduced, but they all refer to legal uncertainty as a vice. Legal uncertainty is routinely blamed for undermining both the rule of law in general and the law’s ability to achieve specific objectives, such as deterring anti-social conduct or encouraging trade and investment. Research has pointed to diverse explanations for this lack of predictability, such as the inherent ambiguity of human language that is used to describe legal rules, the use of open norms (for example, the reasona...
Both the CESL and Belgian law adopt the principle that when a contract is avoided or terminated, ... more Both the CESL and Belgian law adopt the principle that when a contract is avoided or terminated, each party has to make restitution of whatever it has received under that contract. For the CESL, this duty to make restitution is treated in detail in Chapter 17. Although this chapter has the general title of ‘Restitution’, its provisions only deal with restitution after avoidance or termination. Therefore, Chapter 17 does not apply to other cases of restitution, such as restitution after withdrawal of the contract (Articles 43 to 47 CESL) or restitution of additional payments in contracts between a trader and a consumer (Article 71 CESL). Contrary to the CESL, the Belgian Civil Code does not contain any specific provisions on restitution after avoidance or termination of a contract. The question of restitution after avoidance or termination of contracts is seen as one of the most complex and delicate questions of Belgian civil law. Case law and legal doctrine on this question lack consistency, which gives rise to many uncertainties. Therefore, the solution of the CESL, providing a detailed set of rules on restitution after avoidance or termination, seems at least to be preferable to the present state of Belgian law on this point. However, this paper will point out that Chapter 17 CESL on restitution has some serious shortcomings. Whereas the basic principles of the restitution regime in Chapter 17 deserve approval, the more detailed rules on restitution need to be revised.
Abstract A loot box is a virtual item in a video game that contains a randomised selection of oth... more Abstract A loot box is a virtual item in a video game that contains a randomised selection of other virtual items which can be used in the game once the loot box is unlocked. As loot boxes have become widespread in modern video games, concerns are growing about their predatory nature and their similarities with gambling, especially since loot boxes are often purchased by minors. In this paper, we analyse whether private law offers a framework for protecting video game players, by allowing them to claim restitution of the money that they have spent on loot boxes. Such restitution is conceivable when the purchase of a loot box is an invalid contract. In this paper, we focus on two grounds of invalidity: incapacity (since loot boxes are often purchased by minors) and illegality (since, at least in some jurisdictions, loot boxes violate the national gambling regulations and may infringe public order).
[Commentaar bij artikel 2227 BW]. Please use this identifier to cite or link to this item: Record... more [Commentaar bij artikel 2227 BW]. Please use this identifier to cite or link to this item: Record Details. Record ID, 396402. Record Type, misc. Author, Joke Baeck [801001668255] - Ghent University Joke.Baeck@UGent.be. Title, [Commentaar bij artikel 2227 BW]. ...
... Please use this identifier to cite or link to this item: Record Details. Record ID, 396403. R... more ... Please use this identifier to cite or link to this item: Record Details. Record ID, 396403. Record Type, bookChapter. Author, Joke Baeck [801001668255] - Ghent University Joke.Baeck@UGent. be. Chapter Title, [Commentaar bij de artikelen 100 en 101 Wet Rijkscomptabiliteit]. ...
It can be safely considered common knowledge that it is difficult to consistently predict a judic... more It can be safely considered common knowledge that it is difficult to consistently predict a judicial outcome. The term by which these situations are best described is legal uncertainty. Professor Anthony D’Amato defines legal uncertainty in a mathematical sense, as meaning that a legal rule is expected by informed attorneys to have an official outcome at or near the 0.5 level of predictability, which means that the outcome is barely indistinguishable from random prediction. Other definitions have been introduced, but they all refer to legal uncertainty as a vice. Legal uncertainty is routinely blamed for undermining both the rule of law in general and the law’s ability to achieve specific objectives, such as deterring anti-social conduct or encouraging trade and investment. Research has pointed to diverse explanations for this lack of predictability, such as the inherent ambiguity of human language that is used to describe legal rules, the use of open norms (for example, the reasona...
Both the CESL and Belgian law adopt the principle that when a contract is avoided or terminated, ... more Both the CESL and Belgian law adopt the principle that when a contract is avoided or terminated, each party has to make restitution of whatever it has received under that contract. For the CESL, this duty to make restitution is treated in detail in Chapter 17. Although this chapter has the general title of ‘Restitution’, its provisions only deal with restitution after avoidance or termination. Therefore, Chapter 17 does not apply to other cases of restitution, such as restitution after withdrawal of the contract (Articles 43 to 47 CESL) or restitution of additional payments in contracts between a trader and a consumer (Article 71 CESL). Contrary to the CESL, the Belgian Civil Code does not contain any specific provisions on restitution after avoidance or termination of a contract. The question of restitution after avoidance or termination of contracts is seen as one of the most complex and delicate questions of Belgian civil law. Case law and legal doctrine on this question lack consistency, which gives rise to many uncertainties. Therefore, the solution of the CESL, providing a detailed set of rules on restitution after avoidance or termination, seems at least to be preferable to the present state of Belgian law on this point. However, this paper will point out that Chapter 17 CESL on restitution has some serious shortcomings. Whereas the basic principles of the restitution regime in Chapter 17 deserve approval, the more detailed rules on restitution need to be revised.
Abstract A loot box is a virtual item in a video game that contains a randomised selection of oth... more Abstract A loot box is a virtual item in a video game that contains a randomised selection of other virtual items which can be used in the game once the loot box is unlocked. As loot boxes have become widespread in modern video games, concerns are growing about their predatory nature and their similarities with gambling, especially since loot boxes are often purchased by minors. In this paper, we analyse whether private law offers a framework for protecting video game players, by allowing them to claim restitution of the money that they have spent on loot boxes. Such restitution is conceivable when the purchase of a loot box is an invalid contract. In this paper, we focus on two grounds of invalidity: incapacity (since loot boxes are often purchased by minors) and illegality (since, at least in some jurisdictions, loot boxes violate the national gambling regulations and may infringe public order).
[Commentaar bij artikel 2227 BW]. Please use this identifier to cite or link to this item: Record... more [Commentaar bij artikel 2227 BW]. Please use this identifier to cite or link to this item: Record Details. Record ID, 396402. Record Type, misc. Author, Joke Baeck [801001668255] - Ghent University Joke.Baeck@UGent.be. Title, [Commentaar bij artikel 2227 BW]. ...
... Please use this identifier to cite or link to this item: Record Details. Record ID, 396403. R... more ... Please use this identifier to cite or link to this item: Record Details. Record ID, 396403. Record Type, bookChapter. Author, Joke Baeck [801001668255] - Ghent University Joke.Baeck@UGent. be. Chapter Title, [Commentaar bij de artikelen 100 en 101 Wet Rijkscomptabiliteit]. ...
Uploads
Papers by Joke Baeck