The Regulatory Function Of European Private Law

The Regulatory Function Of European 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 The Regulatory Function Of European Private Law book. This book definitely worth reading, it is an incredibly well-written.

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 : 43,9 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.

The Making of European Private Law

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

Author : Horatia Muir Watt,Fabrizio Cafaggi
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 2013
Category : Electronic
ISBN : OCLC:1375311654

Get Book

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

The current debate on the desirability and modes of formation of EPL ("EPL") is engaging a wide number of scholars and institutions. Current work concerns the search for a common core of EPL, the rationalisation of the acquis communautaire, the design of a European Civil Code. These ongoing projects raise at least two related questions concerning the challenges to Europeanisation of private law: First, what is the often implicit definition of private law standing behind the debate about the creation of EPL? Second, does the process of creation of EPL need some type of governance structure? In this paper, we thus intend to contribute to a better understanding of these two dimensions of the debate. First, we wish to highlight the internal transformation of private law and its increasing regulatory function to be considered in governance design. If we take into consideration the internal transformation of private law and its increasing regulatory function in addition to the role of private law in regulated sectors, we witness several phenomena that require consideration in the governance design, such as the change of private law sources, and the procedural nature of Europeanisation. Within this framework it is important to identify the interplay between EPL and private international law. The role of private international law ("PIL") as a vehicle to ensure choice of rules for private parties might change quite considerably depending on the choices concerning private law rules, in particular whether there is harmonisation and which kind of private law rules are adopted. The role of PIL may also depend on the level at which rules are produced. Second, we address the issue of the appropriate governance structure. In other words, does EPL need a governance structure that will accompany its formation, consolidation and changes? More on the point, Is there a link between the governance design and the definition of EPL?

Making European Private Law

Fabrizio Cafaggi,Horatia Muir Watt
Making European Private Law Book PDF

Author : Fabrizio Cafaggi,Horatia Muir Watt
Publisher : Edward Elgar Publishing
Page : 369 pages
File Size : 50,7 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781848441279

Get Book

Making European Private Law by Fabrizio Cafaggi,Horatia Muir Watt Pdf

This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.

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 : 51,9 Mb
Release : 2011-09-19
Category : Law
ISBN : 9781847317902

Get Book

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.

Constructing Modern European Private Law

Ivan Sammut
Constructing Modern European Private Law Book PDF

Author : Ivan Sammut
Publisher : Cambridge Scholars Publishing
Page : 365 pages
File Size : 40,5 Mb
Release : 2016-09-23
Category : Law
ISBN : 9781443899956

Get Book

Constructing Modern European Private Law by Ivan Sammut Pdf

The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.

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 : 52,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849805391

Get Book

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.

Reframing Self-regulation in European Private Law

Fabrizio Cafaggi
Reframing Self regulation in European Private Law Book PDF

Author : Fabrizio Cafaggi
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 2006
Category : Administrative agencies
ISBN : 9041125310

Get Book

Reframing Self-regulation in European Private Law by Fabrizio Cafaggi Pdf

Increasingly, European companies in a variety of business sectors as well as professional groups are taking self-regulatory initiatives as a means of gaining competitive. This book examines the legal basis of self-regulation and its function in the process of European legal integration, with particular reference to European private 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 : 419 pages
File Size : 51,9 Mb
Release : 2024-05-30
Category : Law
ISBN : 9781509962945

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.

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 : 55,8 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 Development of European Private Law in a Multilevel Legal Order

Esther van Schagen
The Development of European Private Law in a Multilevel Legal Order Book PDF

Author : Esther van Schagen
Publisher : Unknown
Page : 0 pages
File Size : 51,8 Mb
Release : 2016
Category : Civil law
ISBN : 1780683677

Get Book

The Development of European Private Law in a Multilevel Legal Order by Esther van Schagen Pdf

Using insights from multilevel governance and pluralism, this book provides an in-depth analysis of the development of European private law in the Dutch and German legal order. The book focuses on the question whether the coexistence of national and European state and non-state actors is detrimental or beneficial for the predictability, consistency, accessibility and responsiveness of European private law. On the one hand, the discourse on multilevel governance draws attention to the possibility that problems may arise if interdependent actors do not sufficiently interact. This may be the case in European private law, where national and European legislators and courts have become increasingly interdependent on one another in ensuring that European private law develops predictably, consistently, accessibly, and responsively. The book analyzes the development of European private law by national and European state actors through codifications, blanket clauses, soft laws and general principles in the light of interdependence. In addition, non-state actors have played an increasingly important role in developing binding rules in European private law. This development necessitates more interaction between actors, and more attention for the potentially binding effect of privately developed rules on third parties' rights. The book accordingly develops a normative framework to determine the extent to which private actors should be able to develop binding rules, based on principles of democracy, private autonomy, and concerns for hetero-determination. On the other hand, pluralism perspectives advocate the development of European private law at different levels and jurisdictions in the light of responsiveness, regulatory competition, and opportunities for mutual learning. The book explores whether these benefits have materialized in the development of European private law, drawing attention to failed and successful instances of regulatory competition and mutual learning, and resulting innovations. The book sketches new governance techniques that may help interdependent actors take into account one another's initiatives and benefit from each other's insights, although they may also entail hetero-determination. (Series: Ius Commune Europaeum, Vol. 144) Subject: European Law, Private Law]

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 : 43,9 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780857935892

Get Book

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 Institutional Framework of European Private Law

Fabrizio Cafaggi
The Institutional Framework of European Private Law Book PDF

Author : Fabrizio Cafaggi
Publisher : Unknown
Page : 362 pages
File Size : 46,5 Mb
Release : 2006
Category : Civil law
ISBN : STANFORD:36105064091585

Get Book

The Institutional Framework of European Private Law by Fabrizio Cafaggi Pdf

This edited collection of essays examines aspects of European private law. It looks at the conflicts between private laws in various fields, and different approaches to regulating and harmonizing European private law. This book is an original contribution to the scholarly and policy debates about the desirability and modes of Europeanization of private law, in a context in which the pressures of globalization and of national identities seem to question the chosen path of integration.

New Directions in European Private Law

Anonim
New Directions in European Private Law Book PDF

Author : Anonim
Publisher : Unknown
Page : 320 pages
File Size : 47,8 Mb
Release : 2021
Category : Electronic books
ISBN : 1509935649

Get Book

New Directions in European Private Law by Anonim 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.

European Private Law - Current Status and Perspectives

Reiner Schulze,Hans Schulte-Nölke
European Private Law Current Status and Perspectives Book PDF

Author : Reiner Schulze,Hans Schulte-Nölke
Publisher : Walter de Gruyter
Page : 289 pages
File Size : 53,9 Mb
Release : 2011-03-30
Category : Law
ISBN : 9783866539334

Get Book

European Private Law - Current Status and Perspectives by Reiner Schulze,Hans Schulte-Nölke Pdf

Business law and labour law are driving forces and core areas of European private law. New concepts and approaches are thus required that are not limited to civil law and that are different from those traditionally embraced by national private law. These new challenges regarding the current status and perspectives of European private law are discussed in this volume by sixteen highly reputed researchers from across Europe. The contributions concern various areas of European private law, including contract, property, company, competition and labour law. This book will be an invaluable source for all those working on European law and private law within Europe.

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 : 45,9 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.