The Politics Of A European Civil Code

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The Politics of a European Civil Code

Martijn W. Hesselink
The Politics of a European Civil Code Book PDF

Author : Martijn W. Hesselink
Publisher : Unknown
Page : 48 pages
File Size : 46,8 Mb
Release : 2011
Category : Electronic
ISBN : OCLC:1290787370

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The Politics of a European Civil Code by Martijn W. Hesselink Pdf

In 2003, the European Commission published its Action Plan on European contract law. That plan formed an important step towards a European Civil Code. In its Plan the Commission tried to depoliticise the codification process by asking a group of academic experts to prepare what it called a 'common frame of reference'. This paper, published in the European Law Journal in 2004, argued that drafting a European Civil Code involves making many choices which are essentially political. It further argued that the technocratic approach which the Commission had adopted in the Action Plan effectively excluded most stakeholders from having their say during the stage when the real choices were made. Therefore, before the drafting of the CFR/ECC starts, the Commission should have submitted a list of policy questions regarding the main issues of European private law to the European Parliament and the other stakeholders. Such an alternative procedure would have repoliticised the process. It would have increased the democratic basis for a European Civil Code and thus its legitimacy.

The Politics of a European Civil Code

Martijn Willem Hesselink
The Politics of a European Civil Code Book PDF

Author : Martijn Willem Hesselink
Publisher : Kluwer Law International B.V.
Page : 210 pages
File Size : 51,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124104

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The Politics of a European Civil Code by Martijn Willem Hesselink Pdf

With a significant number of claims having been brought under NAFTA Chapter 11 in the last 3 years, public and professional interest in this topic has been growing significantly. Quite simply, anyone doing business under NAFTA, or anyone representing a company doing business under NAFTA, must be completely familiar with the provisions of Chapter 11. Combining expert commentary with complete primary source materials and case law, Kluwer Law International's "Investment Disputes Under NAFTA" is the must-have resource for anyone planning - or already involved in - a Chapter 11 claim. NAFTA's Chapter 11, like many treaties, sets forth rules for arbitration. Current procedures have been developed, in part, as cases have arisen and been resolved. This book enables anyone interested in these procedures to know exactly the current state of the law. Only "Investment Disputes Under NAFTA" delivers: Article-by-Article explanations of the ins and outs of Chapter 11; a valuable collection of key case law that has been affected by Chapter 11; accurate and thorough cross-referencing to help you quickly and easily find all relevant material; and logical organization of all materials as well as a complete index and table of cases. This one-of-a-kind resource is practice based and user-friendly. It is the only product to collect the body of NAFTA jurisprudence. It also incorporates substantial references to decisions in other investment treaty cases, decisions by mixed claims commissions and other arbitral bodies, Iran-U.S. Claims Tribunal jurisprudence, and International Court of Justice decisions. Kluwer Law International's "Investment Disputes Under NAFTA" also contains charts presenting valuable information such as the arbitrators in each case, the rules under which the arbitrations have been conducted, and the remedies granted in each particular case

The Politics of the Draft Common Frame of Reference

Alessandro Somma
The Politics of the Draft Common Frame of Reference Book PDF

Author : Alessandro Somma
Publisher : Kluwer Law International B.V.
Page : 250 pages
File Size : 45,8 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131416

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The Politics of the Draft Common Frame of Reference by Alessandro Somma Pdf

This collection of essays reflects both the diversity of the group's work and the common thread that runs through it. The core claim here is that the DCFR, despite the Commission's characterization of its proposals as purely technical, cannot escape politics. The intent is to critically identify and evaluate the model of social justice underlying the DCFR.

The Politics of European Sales Law

Bastiaan van Zelst
The Politics of European Sales Law Book PDF

Author : Bastiaan van Zelst
Publisher : Kluwer Law International B.V.
Page : 294 pages
File Size : 40,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127525

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The Politics of European Sales Law by Bastiaan van Zelst Pdf

"A legal-political inquiry into the drafting of the uniform commercial code, the Vienna Sales Convention, the Dutch civil code and the European consumer sales directive in the context of the Europeanization of contract law."--T.p.

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 : 499 pages
File Size : 54,5 Mb
Release : 2011-09-19
Category : Law
ISBN : 9781847317902

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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.

Justifying Contract in Europe

Martijn W. Hesselink
Justifying Contract in Europe Book PDF

Author : Martijn W. Hesselink
Publisher : Oxford University Press
Page : 513 pages
File Size : 54,7 Mb
Release : 2021-06-22
Category : Law
ISBN : 9780192655738

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Justifying Contract in Europe by Martijn W. Hesselink Pdf

This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.

The European Civil Code

Hugh Collins
The European Civil Code Book PDF

Author : Hugh Collins
Publisher : Cambridge University Press
Page : 0 pages
File Size : 48,6 Mb
Release : 2008-11-20
Category : Law
ISBN : 0521713374

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The European Civil Code by Hugh Collins Pdf

Hugh Collins argues that the European Union should develop a civil code to provide uniform rules for contracts, property rights and protection against civil wrongs, thus drawing together the differing national traditions with respect to the detailed regulation of civil society. The benefits of such a code would lie not so much in facilitating cross border trade, but in establishing foundations for a denser network of transnational relations of civil society, which in turn would help to overcome the present popular resistance to effective and functional political institutions at a European level. These principled foundations for a more inclusive and less balkanised civil society in Europe also provide elements of a required European social model that offers necessary safeguards for consumers, workers and disadvantaged groups against the pressures of market forces in an increasingly global economic system.

Towards a European Civil Code

Gerrit Betlem
Towards a European Civil Code Book PDF

Author : Gerrit Betlem
Publisher : Springer
Page : 492 pages
File Size : 55,7 Mb
Release : 1994-06-09
Category : Law
ISBN : UCAL:B3175760

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Towards a European Civil Code by Gerrit Betlem Pdf

In 1989 the European Parliament called for the elaboration of a European Civil Code and although the European Commission has not yet shown much enthusiasm for this idea, many legal scholars consider it to be a great challenge. the desirability and possible content of a European Civil Code. The book is divided into two parts. The first part examines the general issues which concern the unification of private law in Europe. private law that were considered to be appropriate for a unification on a European level. Because of the numerous reference made throughout the book to the UNIDROIT Principles for International Commercial Contracts and to the Principles of European Contract Law, these texts have been reproduced in an annex to this book.

Regional Private Laws and Codification in Europe

Hector L. MacQueen,Antoni Vaquer,Santiago Espiau Espiau
Regional Private Laws and Codification in Europe Book PDF

Author : Hector L. MacQueen,Antoni Vaquer,Santiago Espiau Espiau
Publisher : Cambridge University Press
Page : 335 pages
File Size : 49,9 Mb
Release : 2003-10-16
Category : Law
ISBN : 9781139438780

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Regional Private Laws and Codification in Europe by Hector L. MacQueen,Antoni Vaquer,Santiago Espiau Espiau Pdf

Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.

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 : 41,5 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.

Towards a European Civil Code

Christian von Bar
Towards a European Civil Code Book PDF

Author : Christian von Bar
Publisher : Unknown
Page : 0 pages
File Size : 41,8 Mb
Release : 2011
Category : Civil law
ISBN : 9041133577

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Towards a European Civil Code by Christian von Bar Pdf

Since its original publication in 1994, Towards a European Civil Code has become an international classic. This fourth edition of the book reflects the current state of the debate on the future of European private law and provides materials for academic teaching in this field. The Chapters of the book, written by a large number of experts on European private law, address the main topics of debate, taking into account the laws of the European Member States, the acquis communautaire in the area of private law and sets of model rules, such as the Principles of European Contract Law and the Principles of European Tort Law. Moreover, in this fourth edition of the volume, authors pay particular attention to recent developments regarding the drafting of a Common Frame of Reference for European private law. With few exceptions, the existing Chapters have been updated, and new contributions have been included on: and• private regulation; and• the influence of primary EU law on private law; and• competition and contract law; and• proceduralisation of private law; and• the legislative competence of the EU in the field of private law; and• constitutional aspects of a European Civil Code; and• the notion of damage; and• the law and economics of harmonizing European private law; and• defects of consent in contract law; and• hardship and modification of the contract; and• financial services; and• suretyships by private persons; and• vicarious liability; and• liability for land and structures; and and• good faith acquisition of movables. Thus, this new, revised and expanded edition of Towards a European Civil Code forms a primary point of reference for policy makers, practitioners, academics and students engaged in matters of European private law.

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 : 51,6 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.

Fundamentals of European Civil Law

M. Vranken
Fundamentals of European Civil Law Book PDF

Author : M. Vranken
Publisher : Unknown
Page : 338 pages
File Size : 48,7 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134509749

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Fundamentals of European Civil Law by M. Vranken Pdf

This book outlines the fundamentals of European civil law for readers more familiar with common law jurisdictions such as Australia, New Zealand, the UK and the US.This fully revised and updated second edition retains the successful structure of the first. The four chapters in Part A provide the general framework, covering the concept and method of comparative law, historical foundations, the concept of a civil code and codification, and the role of legislature and the judiciary. More specific and practical material is provided in Part B, with chapters on the law of contract, the law of tort, labour law, commercial law and court procedure. Part C looks to the future, examining differences between civil law and common law and the impact of the European Union.The focus throughout is on private law, particularly the civil laws of France and Germany, except where European Community law has made inroads into the (private) civil law. Each chapter thus incorporates the relevant materials on European Community law.

Families and the European Union

Clare McGlynn
Families and the European Union Book PDF

Author : Clare McGlynn
Publisher : Cambridge University Press
Page : 18 pages
File Size : 47,6 Mb
Release : 2006-09-28
Category : Law
ISBN : 9781139457378

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Families and the European Union by Clare McGlynn Pdf

In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses existing EU law in relation to each. It examines the emerging field of EU family law, providing a highly sceptical account of recent developments and a robust challenge to the arguments in favour of the codification of European civil law, including family law.

The History of Law in Europe

Bart Wauters,Marco de Benito
The History of Law in Europe Book PDF

Author : Bart Wauters,Marco de Benito
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 54,7 Mb
Release : 2017-04-28
Category : Electronic
ISBN : 9781786430762

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The History of Law in Europe by Bart Wauters,Marco de Benito Pdf

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.