The Rule of Law in Private Law

Örebro University, Novahuset

Örebro University, Novahuset

November 2, 2021, at 1.15-3.00 pm
Online via Zoom

Associate Professor Dr. Neda Zdraveva 
The Iustinianus Primus Law Faculty at the Ss. Cyril and Methodius University, Macedonia

The Rule of Law as a notion is a rather elusive one. The definition of the Rule of a Law as legal concept may be different when looked from substantive, formal or functional aspect. The Rule of Law at the same time is, or it is becoming, a political concept. When the rule of law is defined as the exclusion of the existence of arbitrariness on part of the government (the state) it is mostly related to the concepts of the public law. The question is how this definition, or any definition of the rule of law, applies in the field of private law. The private law relations are relations of equals. They evolve around the principles of equality and autonomy of the parties, but within the limits of the public order. Having this in mind, the seminar discusses the issues of the application of the rule of law concept in the private law with specific attention to the role of the state in the creation of the legal framework of the private law relations and enforcing the rights arising from those relations. Special attention will be paid to position of the state i.e. the government as a contractual party and as a tortfeasor. The seminar in particular refers to the legislation and the practices of South East European countries.  

Dr. Neda Zdraveva is an Associate Professor at the Iustinianus Primus Law Faculty at the Ss. Cyril and Methodius University. She is one of the teaching staff of the subjects in the field of Law on Obligations and Intellectual Property Law of the first and second cycle of law studies. In 2020 she was appointed Head of the Legal Clinic for Vulnerable Groups. She is one of the founders of this clinic in 2017. In the period September 2016 to March 2021, she was Vice- Dean of the Faculty. Since 2011 she has been the Secretary General of the South East European Law Schools Network, whose goal is cooperation between law schools in the region. 

She is the President of the Helsinki Committee for Human Rights and one of the editors of the series book: The European Union and its Neighbours, Springer.  She is the author of numerous papers and publications in the field of Law on Obligations, including Contract Law, Tort Law and Consumer Law, as well as Intellectual Property Law. She was also involved in the preparation of laws and strategic documents in these fields.