European Standardisation Of Services And Its Impact On Private Law

European Standardisation Of Services And Its Impact On Private Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of European Standardisation Of Services And Its Impact On Private Law book. This book definitely worth reading, it is an incredibly well-written.

European Standardisation of Services and its Impact on Private Law

Barend Van Leeuwen
European Standardisation of Services and its Impact on Private Law Book PDF

Author : Barend Van Leeuwen
Publisher : Bloomsbury Publishing
Page : 322 pages
File Size : 49,8 Mb
Release : 2017-02-23
Category : Law
ISBN : 9781509908356

Get Book

European Standardisation of Services and its Impact on Private Law by Barend Van Leeuwen Pdf

With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made. This book focuses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors. The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law.

European Standardisation of Services and its Impact on Private Law

Barend Van Leeuwen
European Standardisation of Services and its Impact on Private Law Book PDF

Author : Barend Van Leeuwen
Publisher : Bloomsbury Publishing
Page : 252 pages
File Size : 49,7 Mb
Release : 2017-02-23
Category : Law
ISBN : 9781509908349

Get Book

European Standardisation of Services and its Impact on Private Law by Barend Van Leeuwen Pdf

With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made. This book focuses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors. The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law.

The Regulatory Function of European Private Law

Fabrizio Cafaggi,Horatia Muir Watt
The Regulatory Function of European Private Law Book PDF

Author : Fabrizio Cafaggi,Horatia Muir Watt
Publisher : Edward Elgar Publishing
Page : 377 pages
File Size : 47,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848447264

Get Book

The Regulatory Function of European Private Law by Fabrizio Cafaggi,Horatia Muir Watt Pdf

In twelve topical papers, written by renowned experts in distinct areas of the law, the reader will find out how private law and private international law instruments can serve public policy goals (such as the protection of the environment, product safety or services of general economic interest) and how these instruments interact with regulation in the proper sense. A must for those who want to explore the borderline if it exists between public and private law in the EU. Jules Stuyck, Leuven University, Belgium In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration? The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars. The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.

EU Private Law and the CISG

Zvonimir Slakoper,Ivan Tot
EU Private Law and the CISG Book PDF

Author : Zvonimir Slakoper,Ivan Tot
Publisher : Routledge
Page : 266 pages
File Size : 48,5 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000431407

Get Book

EU Private Law and the CISG by Zvonimir Slakoper,Ivan Tot Pdf

EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

Better Regulation in EU Contract Law

Esther van Schagen,Stephen Weatherill
Better Regulation in EU Contract Law Book PDF

Author : Esther van Schagen,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 231 pages
File Size : 55,7 Mb
Release : 2019-12-26
Category : Law
ISBN : 9781509928361

Get Book

Better Regulation in EU Contract Law by Esther van Schagen,Stephen Weatherill Pdf

This book is the first to provide a critical investigation of EU better regulation from the perspective of EU contract law. The Commission's 'New Deal for EU Consumers' is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a 'fitness check'. This offers an opportunity to explore difficulties and best practices at a national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law. This book addresses key questions. Do impact assessments favour business interests at the expense of a high level of consumer protection? Is the evaluation of EU contract law and the analysis in impact assessments in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately, is the potential of better regulation being realised?

The Politics of Justice in European Private Law

Hans-W Micklitz
The Politics of Justice in European Private Law Book PDF

Author : Hans-W Micklitz
Publisher : Cambridge University Press
Page : 489 pages
File Size : 55,5 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781108424127

Get Book

The Politics of Justice in European Private Law by Hans-W Micklitz Pdf

Compares national concepts of social justice with the developing European concept of access justice.

Private Law in the External Relations of the EU

Marise Cremona,Hans-W Micklitz
Private Law in the External Relations of the EU Book PDF

Author : Marise Cremona,Hans-W Micklitz
Publisher : Oxford University Press
Page : 350 pages
File Size : 40,6 Mb
Release : 2016-03-18
Category : Law
ISBN : 9780191062001

Get Book

Private Law in the External Relations of the EU by Marise Cremona,Hans-W Micklitz Pdf

Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.

The Legitimacy of Standardisation as a Regulatory Technique

Mariolina Eliantonio,Caroline Cauffman
The Legitimacy of Standardisation as a Regulatory Technique Book PDF

Author : Mariolina Eliantonio,Caroline Cauffman
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 51,8 Mb
Release : 2020-06-26
Category : Law
ISBN : 9781789902952

Get Book

The Legitimacy of Standardisation as a Regulatory Technique by Mariolina Eliantonio,Caroline Cauffman Pdf

This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. It explores diverse topics in regulation such as food safety, accounting, telecommunications and medical devices. Each chapter offers in-depth analysis of a number of key policy areas. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons.

Legal Pluralism in European Contract Law

Vanessa Mak
Legal Pluralism in European Contract Law Book PDF

Author : Vanessa Mak
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 46,5 Mb
Release : 2020-09-10
Category : Law
ISBN : 9780198854487

Get Book

Legal Pluralism in European Contract Law by Vanessa Mak Pdf

This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state law.

The Foundations of European Transnational Private Law

Anna Beckers,Hans-W Micklitz,Rodrigo Vallejo,Pia Letto-Vanamo
The Foundations of European Transnational Private Law Book PDF

Author : Anna Beckers,Hans-W Micklitz,Rodrigo Vallejo,Pia Letto-Vanamo
Publisher : Bloomsbury Publishing
Page : 428 pages
File Size : 40,8 Mb
Release : 2024-05-30
Category : Law
ISBN : 9781509962938

Get Book

The Foundations of European Transnational Private Law by Anna Beckers,Hans-W Micklitz,Rodrigo Vallejo,Pia Letto-Vanamo Pdf

Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.

Principles, Definitions and Model Rules of European Private Law

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

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 : 53,8 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

Get Book

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.

The Implementation and Enforcement of European Union Law in Small Member States

Ivan Sammut,Jelena Agranovska
The Implementation and Enforcement of European Union Law in Small Member States Book PDF

Author : Ivan Sammut,Jelena Agranovska
Publisher : Springer Nature
Page : 309 pages
File Size : 51,6 Mb
Release : 2021-03-11
Category : Political Science
ISBN : 9783030661151

Get Book

The Implementation and Enforcement of European Union Law in Small Member States by Ivan Sammut,Jelena Agranovska Pdf

The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.

The Role of the EU in Transnational Legal Ordering

Marta Cantero Gamito,Hans-W. Micklitz
The Role of the EU in Transnational Legal Ordering Book PDF

Author : Marta Cantero Gamito,Hans-W. Micklitz
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 41,5 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788118415

Get Book

The Role of the EU in Transnational Legal Ordering by Marta Cantero Gamito,Hans-W. Micklitz Pdf

This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.

The Law, Economics and Politics of International Standardisation

Panagiotis Delimatsis
The Law Economics and Politics of International Standardisation Book PDF

Author : Panagiotis Delimatsis
Publisher : Cambridge University Press
Page : 519 pages
File Size : 51,6 Mb
Release : 2015-12-11
Category : Business & Economics
ISBN : 9781107128330

Get Book

The Law, Economics and Politics of International Standardisation by Panagiotis Delimatsis Pdf

This book examines the foundations of international standard-setting from a multidisciplinary perspective.

General Clauses and Standards in European Contract Law

Stefan Grundmann,Denis Mazeaud
General Clauses and Standards in European Contract Law Book PDF

Author : Stefan Grundmann,Denis Mazeaud
Publisher : Kluwer Law International B.V.
Page : 238 pages
File Size : 42,9 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124326

Get Book

General Clauses and Standards in European Contract Law by Stefan Grundmann,Denis Mazeaud Pdf

General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.