General Principles Of Eu Civil Law

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General Principles of EU Civil Law

Norbert Reich
General Principles of EU Civil Law Book PDF

Author : Norbert Reich
Publisher : Intersentia Uitgevers N V
Page : 244 pages
File Size : 53,6 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.

General Principles of Law

Stefan Vogenauer,Stephen Weatherill
General Principles of Law Book PDF

Author : Stefan Vogenauer,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 47,8 Mb
Release : 2017-06-15
Category : Law
ISBN : 9781509910694

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General Principles of Law by Stefan Vogenauer,Stephen Weatherill Pdf

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Research Handbook on General Principles in EU Law

Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta
Research Handbook on General Principles in EU Law Book PDF

Author : Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 54,5 Mb
Release : 2022-04-22
Category : Political Science
ISBN : 9781784712389

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Research Handbook on General Principles in EU Law by Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta Pdf

This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

General Principles of EU Law and the EU Digital Order

Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe Alexander de Vries
General Principles of EU Law and the EU Digital Order Book PDF

Author : Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe Alexander de Vries
Publisher : Kluwer Law International
Page : 0 pages
File Size : 54,5 Mb
Release : 2020
Category : Information technology
ISBN : 9403511656

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General Principles of EU Law and the EU Digital Order by Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe Alexander de Vries Pdf

General Principles of EU Law and the EU Digital Order' addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the European Union?s (EU?s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of?big data? and algorithms. This book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU?s fundamental economic freedoms and EU competition rules.

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 : 47,9 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.

East African Community Law

Emmanuel Ugirashebuja,John Eudes Ruhangisa,Tom Ottervanger,Armin Cuyvers
East African Community Law Book PDF

Author : Emmanuel Ugirashebuja,John Eudes Ruhangisa,Tom Ottervanger,Armin Cuyvers
Publisher : BRILL
Page : 553 pages
File Size : 40,6 Mb
Release : 2017-03-06
Category : Law
ISBN : 9789004322073

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East African Community Law by Emmanuel Ugirashebuja,John Eudes Ruhangisa,Tom Ottervanger,Armin Cuyvers Pdf

East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

General Principles of EC Law in a Process of Development

Ulf Bernitz,Joakim Nergelius,Cecilia Cardner,Xavier Groussot
General Principles of EC Law in a Process of Development Book PDF

Author : Ulf Bernitz,Joakim Nergelius,Cecilia Cardner,Xavier Groussot
Publisher : Kluwer Law International B.V.
Page : 479 pages
File Size : 44,8 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127051

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General Principles of EC Law in a Process of Development by Ulf Bernitz,Joakim Nergelius,Cecilia Cardner,Xavier Groussot Pdf

What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.

Rules and Principles in European Contract Law

Jacobien Rutgers
Rules and Principles in European Contract Law Book PDF

Author : Jacobien Rutgers
Publisher : Intersentia
Page : 172 pages
File Size : 53,5 Mb
Release : 2015-03-01
Category : Electronic
ISBN : 1780682573

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Rules and Principles in European Contract Law by Jacobien Rutgers Pdf

This book brings together the papers presented at the Society of European Contract Law's 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States, and whether common principles can be transformed into rules. The Society of European Contract Law (SECOLA) promotes the development and understanding of European contract law, including its economic, sociological, and intellectual historic relation in theory and in practice. Further, SECOLA provides an international platform for the discussion of developing and proposed contract law in Europe. In this spirit, the series European Contract Law and Theory combines dogmatic thinking in comparative and EU law with strong social theory considerations, and makes publicly available the results of the discussions of leading scholars and practitioner. (Series: European Contract Law and Theory - Vol. 1) [Subject: European Law, Contract Law]

General Principles of EU Law and European Private Law

Ulf Bernitz,Xavier Groussot,Felix Schulyok
General Principles of EU Law and European Private Law Book PDF

Author : Ulf Bernitz,Xavier Groussot,Felix Schulyok
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 2013
Category : Antitrust law
ISBN : 9041146830

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General Principles of EU Law and European Private Law by Ulf Bernitz,Xavier Groussot,Felix Schulyok Pdf

This book reflects the continuous relevance and the need to re-examine the effects and the status of General Principles of EU law, which have been dealt with already twice before (in 1999 and 2007) by the group that has compiled the present volume, the Swedish Network for European Legal Studies. The discussion that emerges is, here as before, of immense significance both for theoretical legal studies and for legal practice. The eighteen essays here printed are all final author-edited versions of papers first presented at the Network’s conference in Stockholm in November 2012. The authors include both eminent, well-known experts, and representatives of a new generation of younger scholars in the field. For the many parties involved in the volution of the European project from a legal perspective, this book will serve as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come. -- Publisher.

General Principles of EU Law and the Protection of Fundamental Rights

Chiara Amalfitano
General Principles of EU Law and the Protection of Fundamental Rights Book PDF

Author : Chiara Amalfitano
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 41,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781786439437

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General Principles of EU Law and the Protection of Fundamental Rights by Chiara Amalfitano Pdf

This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.

General Principles of EU Law and the EU Digital Order

Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe de Vries
General Principles of EU Law and the EU Digital Order Book PDF

Author : Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe de Vries
Publisher : Kluwer Law International B.V.
Page : 685 pages
File Size : 43,6 Mb
Release : 2020-01-09
Category : Law
ISBN : 9789403512259

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General Principles of EU Law and the EU Digital Order by Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe de Vries Pdf

Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the EU’s digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of European Union (EU) law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules. Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to: effects of the technological disruption on the doctrine of general principles; the resilience of general principles in the digital society; the need to rely on new general principles in the digital society; the realization of the digital single market; the safeguarding of fundamental rights and the rule of law. The contributors are highly esteemed scholars from major European universities. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent Court of Justice of the European Union case law on the impact of digitalization. Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.

General Principles of European Private International Law

Stefan Leible
General Principles of European Private International Law Book PDF

Author : Stefan Leible
Publisher : Kluwer Law International B.V.
Page : 418 pages
File Size : 50,6 Mb
Release : 2016-02-22
Category : Law
ISBN : 9789041159649

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General Principles of European Private International Law by Stefan Leible Pdf

European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.

The General Principles of EU Law

Takis Tridimas
The General Principles of EU Law Book PDF

Author : Takis Tridimas
Publisher : Oxford University Press, USA
Page : 591 pages
File Size : 50,8 Mb
Release : 2007
Category : Law
ISBN : 0199227683

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The General Principles of EU Law by Takis Tridimas Pdf

This book provides a detailed and systematic account of the general principles of law as applied by the European Court of Justice and the Court of First Instance.

European Law and National Private Law

A. S. Hartkamp
European Law and National Private Law Book PDF

Author : A. S. Hartkamp
Publisher : Unknown
Page : 0 pages
File Size : 45,6 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.

The Oxford Handbook of Fiduciary Law

Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff
The Oxford Handbook of Fiduciary Law Book PDF

Author : Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff
Publisher : Oxford Handbooks
Page : 1028 pages
File Size : 46,9 Mb
Release : 2019-05-27
Category : Law
ISBN : 9780190634100

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The Oxford Handbook of Fiduciary Law by Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff Pdf

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.