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Content archived on 2024-06-18

Combating unlawfully gained profits using Private Law mechanisms in Europe

Objective

“This Court never allows a man to make profit by a wrong”. Unfortunately, this famous statement from Lord Hatherly in Jegon v. Vivian (1870-1871) (Law Reports Chancery Appeal Cases VI, p. 742, 761) is nowadays no more than a wish and does not reflect the present day reality. As a matter of fact, the tortfeasor can often keep his unlawfully gained profits (e.g. the tortfeasor cannot be detected, no sufficient provisions for claiming damages exist, rational apathy of the injured person etc.) which can run up to immense sums and lead to inefficient markets. The research project ultimately wants to find the most efficient Private Law instruments for combating these unlawfully gained profits and thus enhance the efficiency of the markets for the following sectors: Intellectual Property Law, Unfair Competition Law, Antitrust Law and finally Capital Market Law. In order to reach this goal the research project makes use of the Acquis Communautaire approach, Comparative Law approach, Law and Economics and Behavioural Science and Law. To reach this goal the scholar first needs to detect the situations in which unlawfully gained profits remain with the wrongdoer; followed by an appraisal of all Private Law instruments (as e.g. collective actions or skimming-off procedures) existing at the European and national level combating unlawfully gained profits (Acquis Communautaire and Comparative Law approach). As a third step, the existing inefficiencies of the European and national Private Law mechanisms will be detected (Law and Economics) and as the penultimate step, the practical application of these instruments (Behavioural Science and Law) will be analysed. Under consideration of all findings from the aforementioned research methods and approaches the proposed project then wants, as a final research objective, to make concrete proposals for better legislating in the field of research at European and national level.

Fields of science (EuroSciVoc)

CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques. See: https://op.europa.eu/en/web/eu-vocabularies/euroscivoc.

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Topic(s)

Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.

Call for proposal

Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.

FP7-PEOPLE-2009-IEF
See other projects for this call

Funding Scheme

Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.

MC-IEF - Intra-European Fellowships (IEF)

Coordinator

UNIVERSITA DEGLI STUDI DI TORINO
EU contribution
€ 214 072,40
Address
VIA GIUSEPPE VERDI 8
10124 TORINO
Italy

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Region
Nord-Ovest Piemonte Torino
Activity type
Higher or Secondary Education Establishments
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Total cost

The total costs incurred by this organisation to participate in the project, including direct and indirect costs. This amount is a subset of the overall project budget.

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