The Many Concepts Of Social Justice In European Private Law

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The Many Concepts of Social Justice in European Private Law

H. W. Micklitz
The Many Concepts of Social Justice in European Private Law Book PDF

Author : H. W. Micklitz
Publisher : Edward Elgar Publishing
Page : 489 pages
File Size : 45,6 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780857935892

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The Many Concepts of Social Justice in European Private Law by H. W. Micklitz Pdf

'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.

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 : 44,6 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781108424127

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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.

CFR & Social Justice

Martijn W. Hesselink
CFR Social Justice Book PDF

Author : Martijn W. Hesselink
Publisher : Walter de Gruyter
Page : 96 pages
File Size : 45,5 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866537217

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CFR & Social Justice by Martijn W. Hesselink Pdf

This short study aims to evaluate the Draft Common Frame of Refence in terms of social justice. In particular, it addresses the idea of a European notion of social justice, the relationship between private law and democracy, the question whether the DCFR can be regarded as a neo-liberal or socialist project, the values and principles underlying the DCFR, the protection of weaker parties, and the role of general clauses such as good faith.

CFR and Social Justice

Martijn Willem Hesselink
CFR and Social Justice Book PDF

Author : Martijn Willem Hesselink
Publisher : Sellier European Law Pub
Page : 87 pages
File Size : 49,5 Mb
Release : 2008
Category : Law
ISBN : 3866530811

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CFR and Social Justice by Martijn Willem Hesselink Pdf

This short study evaluates the Draft Common Frame of Reference (DCFR) in terms of social justice. In particular, the book addresses the idea of a European notion of social justice, the relationship between private law and democracy, the question whether the DCFR can be regarded as a neo-liberal or socialist project, the values and principles underlying the DCFR, the protection of weaker parties, and the role of general clauses, such as good faith.

European Private Law After the Common Frame of Reference

Hans W. Micklitz,Fabrizio Cafaggi
European Private Law After the Common Frame of Reference Book PDF

Author : Hans W. Micklitz,Fabrizio Cafaggi
Publisher : Edward Elgar Publishing
Page : 279 pages
File Size : 48,7 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849805391

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European Private Law After the Common Frame of Reference by Hans W. Micklitz,Fabrizio Cafaggi Pdf

The book is a must read for anybody interested in the future development of European private law. European Private Law News This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond. Peter Stone, University of Essex, UK European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective. Francesco Parisi, University of Minnesota, US and University of Bologna, Italy The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable who s who in the field and it is a terrific read. Stephen Weatherill, University of Oxford, UK This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century. The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts. This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US EU comparison of different legal orders.

Pluralism and European Private Law

Leone Niglia
Pluralism and European Private Law Book PDF

Author : Leone Niglia
Publisher : Bloomsbury Publishing
Page : 294 pages
File Size : 50,9 Mb
Release : 2013-01-29
Category : Law
ISBN : 9781782250647

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Pluralism and European Private Law by Leone Niglia Pdf

European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.

The Foundations of European Private Law

Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill
The Foundations of European Private Law Book PDF

Author : Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 648 pages
File Size : 43,5 Mb
Release : 2011-09-19
Category : Law
ISBN : 9781847318336

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The Foundations of European Private Law by Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill Pdf

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

New Directions in European Private Law

Takis Tridimas,Mateja Durovic
New Directions in European Private Law Book PDF

Author : Takis Tridimas,Mateja Durovic
Publisher : Bloomsbury Publishing
Page : 264 pages
File Size : 42,7 Mb
Release : 2021-05-20
Category : Law
ISBN : 9781509935635

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New Directions in European Private Law by Takis Tridimas,Mateja Durovic Pdf

This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.

Primary EU Law and Private Law Concepts

Hans-W. Micklitz,C. H. Sieburgh
Primary EU Law and Private Law Concepts Book PDF

Author : Hans-W. Micklitz,C. H. Sieburgh
Publisher : Unknown
Page : 0 pages
File Size : 41,5 Mb
Release : 2017
Category : Civil law
ISBN : 1780684525

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Primary EU Law and Private Law Concepts by Hans-W. Micklitz,C. H. Sieburgh Pdf

This volume focuses on the interplay between, and influence exerted on, approaches and legal concepts of private law-including property rights law-by primary EU law, particularly with internal market law. The European Court of Justice has developed concepts in private law cases which are different in substance from the concepts which exist in the private law systems of the Member States. This project aims to present developments in present law of which EU lawyers and private lawyers generally are unaware. It gives ground-breaking analyses of private law concepts (the person, property, contract and tort, and remedies) which are used, created, or adjusted by the Court. Each analysis is a result of obtaining insights in the substantive meaning of the conceptual subjects addressed in the Court's case law, disconnected from national meanings of such concepts. The analysis takes as its starting point the case before continuing on to the concept, not the other way around; the cases and the facts behind the cases are the starting point. Preconceptions based on national private law systems are avoided. In addition to an introductory chapter offering broader contextual information, this volume is built around contributions covering: i) the free movement of goods (Articles 34 and 35 TFEU) and services (Article 56 TFEU); ii) the free movement of capital (Article 62 TFEU) and the freedom of establishment (Article 49 TFEU); iii) competition law (Articles 101 and 102 TFEU); iv) State aid law (Articles 107 and 108 TFEU); and v) intellectual property law. The contributions and possible conclusions were extensively discussed in two workshops held at the EUI in Florence in 2013 and at the University of Nijmegen in 2014. The editors would like to thank A. Hartkamp and the late N. Reich, who encouraged and accompanied the project with their enthusiasm and deep knowledge, and the ERC authorities. This book will be useful for academics, practitioners and students interested in EU internal market law and the relationship between primary EU law and private law. Subject: EU Law, Private Law]

Varieties of European Economic Law and Regulation

Kai Purnhagen,Peter Rott
Varieties of European Economic Law and Regulation Book PDF

Author : Kai Purnhagen,Peter Rott
Publisher : Springer
Page : 892 pages
File Size : 42,5 Mb
Release : 2014-07-16
Category : Law
ISBN : 9783319049038

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Varieties of European Economic Law and Regulation by Kai Purnhagen,Peter Rott Pdf

This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz’ work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.

European Consumer Access to Justice Revisited

Stefan Wrbka
European Consumer Access to Justice Revisited Book PDF

Author : Stefan Wrbka
Publisher : Cambridge University Press
Page : 419 pages
File Size : 46,6 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781107072374

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European Consumer Access to Justice Revisited by Stefan Wrbka Pdf

This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?

The Transformation of Economic Law

Lucila de Almeida,Marta Cantero Gamito,Mateja Djurovic,Kai Peter Purnhagen
The Transformation of Economic Law Book PDF

Author : Lucila de Almeida,Marta Cantero Gamito,Mateja Djurovic,Kai Peter Purnhagen
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 48,9 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781509932603

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The Transformation of Economic Law by Lucila de Almeida,Marta Cantero Gamito,Mateja Djurovic,Kai Peter Purnhagen Pdf

This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).

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 : 44,9 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.

Nationalism and Private Law in Europe

Guido Comparato
Nationalism and Private Law in Europe Book PDF

Author : Guido Comparato
Publisher : Bloomsbury Publishing
Page : 531 pages
File Size : 47,6 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253877

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Nationalism and Private Law in Europe by Guido Comparato Pdf

While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.

Coherence and Fragmentation in European Private Law

Pia Letto-Vanamo,Jan Smits
Coherence and Fragmentation in European Private Law Book PDF

Author : Pia Letto-Vanamo,Jan Smits
Publisher : Walter de Gruyter
Page : 184 pages
File Size : 48,5 Mb
Release : 2012-08-31
Category : Law
ISBN : 9783866539655

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Coherence and Fragmentation in European Private Law by Pia Letto-Vanamo,Jan Smits Pdf

One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.