Unlawful Restraint: Legal Meaning, Elements, and Contemporary Relevance I. Introduction The concept of unlawful restraint occupies an important place within criminal and civil law because it concerns one of the most fundamental human interests: personal liberty. The ability of individuals to move freely, to determine their own physical position in Read more
Loyalty Rebates in Competition Law: Between Legitimate Competition and Exclusionary Abuse I. Introduction: The Ambiguous Nature of Loyalty Rebates Loyalty rebates occupy a particularly complex and contested space within competition law. At first glance, they appear as a natural extension of price competition—discounts offered to incentivize customer retention and increased Read more
Abuse of Dominant Position in Competition Law I. Conceptual Foundations: Market Power and Legal Responsibility The prohibition of abuse of a dominant position stands as one of the central pillars of modern competition law. Unlike rules targeting anti-competitive agreements, which regulate coordinated behavior between multiple actors, the doctrine of abuse Read more
Key Legal Aspects of Ransom: Between Coercion, Contract, and Criminality I. Introduction: The Ambiguous Nature of Ransom Ransom occupies a peculiar and deeply paradoxical position within legal systems. At its core, it is a demand for payment or concession in exchange for the release of a person, property, or information. Read more
Jurisdictional Error: The Limits of Legal Authority in Administrative and Judicial Decision-Making Jurisdictional error is a foundational concept in public law and administrative law, defining the boundary between lawful authority and invalid governmental action. It concerns situations in which a decision-maker—whether a court, tribunal, or administrative body—acts outside the legal Read more
Unlawful Retention of Property: Legal Nature, Elements, and Liability I. Concept and Legal Significance of Unlawful Retention Unlawful retention of property represents a distinctive category of property-related wrongdoing in which a person who initially acquired possession of an object lawfully subsequently refuses to return it to its rightful owner or Read more
Identity Theft and Deepfake Media: The Convergence of Personal Fraud and Synthetic Reality I. Introduction: From Stolen Data to Stolen Presence Identity theft has traditionally been understood as a crime of appropriation — the unlawful acquisition and use of another person’s personal data for financial or reputational gain. For decades, Read more
Crime Scene Investigation Techniques: Between Forensic Science and Legal Proof Crime scene investigation occupies a peculiar and decisive position in modern legal systems. It is neither purely scientific nor purely juridical: it represents a methodological bridge between physical reality and normative judgment. Courts do not reconstruct events directly; they reconstruct Read more
Service Marks in Law: Distinguishing Commercial Identity in the Intangible Economy I. Introduction: From Goods to Services — The Expansion of Trademark Logic Classical trademark law emerged in an economic world dominated by tangible commodities: cloth, wine, metal tools, books. Marks functioned as indicators of origin stamped onto physical goods. Read more