Eu Compendium Fundamental Rights And Private Law

Author : Christoph Busch,Hans Schulte-Nölke
Publisher : Walter de Gruyter
Page : 137 pages
File Size : 44,7 Mb
Release : 2010-12-23
Category : Law
ISBN : 9783866539396

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EU Compendium - Fundamental Rights and Private Law by Christoph Busch,Hans Schulte-Nölke Pdf

This compendium provides an introduction to the intricate interplay of fundamental rights and private law. It identifies areas of commercial and civil law where fundamental rights from different sources play a key role in the interpretation and application of private law rules. In addition, it offers a collection of case law examples from across the EU which illustrate differences and commonalities regarding the influence of fundamental rights on civil and commercial litigation. It is thus well suited for the training of judges and as a source of inspiration for national legislators. Contributors to the study co-ordinated by the European Legal Studies Institute at University of Osnabrück with the support of the European Commission’s "Fundamental Rights and Citizenship Programme" include high ranking judges as well as young researchers from across the EU. "As the Commissioner for Justice, Fundamental Rights and Citizenship, I can only praise the pertinent purpose and the methodology of the compendium which underlines the concrete approach the authors adopted." Viviane Reding, Vice-President of the European Commission

Author : Anonim
Publisher : Unknown
Page : 110 pages
File Size : 48,8 Mb
Release : 2011
Category : Electronic
ISBN : 3866531788

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Fundamental Rights and Private Law by Anonim Pdf

Author : Hugh Collins
Publisher : Intersentia Limited
Page : 0 pages
File Size : 44,9 Mb
Release : 2017
Category : Charter of Fundamental Rights of the European Union
ISBN : 1780684339

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European Contract Law and the Charter of Fundamental Rights by Hugh Collins Pdf

A collection of essays by distinguished legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.

Author : Verica Trstenjak,Petra Weingerl
Publisher : Springer
Page : 593 pages
File Size : 52,7 Mb
Release : 2015-12-16
Category : Law
ISBN : 9783319253374

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The Influence of Human Rights and Basic Rights in Private Law by Verica Trstenjak,Petra Weingerl Pdf

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

Author : Hans-W. Micklitz
Publisher : Collected Courses of the Acade
Page : 289 pages
File Size : 46,5 Mb
Release : 2014
Category : Law
ISBN : 9780198712107

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Constitutionalization of European Private Law by Hans-W. Micklitz Pdf

Do fundamental rights impact our rights and obligations in our contractual relations, and to what extent? Having integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon, this book examines the effect these rights have on the position of EU citizens generally and in various fields of law, including private law.

Author : A. S. Hartkamp
Publisher : Unknown
Page : 0 pages
File Size : 50,7 Mb
Release : 2016
Category : Civil law
ISBN : 1780683855

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European Law and National Private Law by A. S. Hartkamp Pdf

European law affects national private law in many ways. This is not only true for EU Directives, but also for the EU Treaties, the EU Charter on Fundamental Rights and the general principles of EU law. This book explores the influence of European law on legal relationships between individuals.

Author : Mark Dawson
Publisher : Cambridge University Press
Page : 259 pages
File Size : 49,9 Mb
Release : 2017-02-16
Category : Law
ISBN : 9781107070493

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The Governance of EU Fundamental Rights by Mark Dawson Pdf

This book represents the first attempt to examine how EU fundamental rights are protected and enforced by EU governing bodies.

Author : Dorota Leczykiewicz,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 338 pages
File Size : 53,8 Mb
Release : 2013-03-12
Category : Law
ISBN : 9781782251057

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The Involvement of EU Law in Private Law Relationships by Dorota Leczykiewicz,Stephen Weatherill Pdf

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

Author : Christian Twigg-Flesner
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 48,6 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781782547372

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Research Handbook on EU Consumer and Contract Law by Christian Twigg-Flesner Pdf

Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. The Handbook is divided into three parts:

Author : Martin Schauer,Bea Verschraegen
Publisher : Springer
Page : 625 pages
File Size : 48,9 Mb
Release : 2017-06-01
Category : Law
ISBN : 9789402410662

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General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé by Martin Schauer,Bea Verschraegen Pdf

This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area. ​

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 41,6 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Author : Iris Benohr
Publisher : Oxford University Press
Page : 274 pages
File Size : 55,5 Mb
Release : 2013-10
Category : Law
ISBN : 9780199651979

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EU Consumer Law and Human Rights by Iris Benohr Pdf

Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights. It examines the potential tensions that may emerge between consumer protection objectives and economic, market-oriented goals.

Author : Ekaterina Aristova,Ugljesa Grusic
Publisher : Bloomsbury Publishing
Page : 456 pages
File Size : 50,8 Mb
Release : 2022-02-24
Category : Political Science
ISBN : 9781509947607

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Civil Remedies and Human Rights in Flux by Ekaterina Aristova,Ugljesa Grusic Pdf

What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.

Author : Nuno Ferreira
Publisher : Routledge
Page : 298 pages
File Size : 47,9 Mb
Release : 2011-05-19
Category : Law
ISBN : 9781136716324

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Fundamental Rights and Private Law in Europe by Nuno Ferreira Pdf

The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children’s rights and European private law.

Author : Norbert Reich
Publisher : Intersentia Uitgevers N V
Page : 244 pages
File Size : 49,7 Mb
Release : 2013
Category : Law
ISBN : 1780681763

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General Principles of EU Civil Law by Norbert Reich Pdf

This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.