The Transformation Of European Private Law

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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 : 53,7 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.

The Structural Transformation of European Private Law

Leone Niglia
The Structural Transformation of European Private Law Book PDF

Author : Leone Niglia
Publisher : Unknown
Page : 304 pages
File Size : 40,8 Mb
Release : 2022
Category : Civil law
ISBN : 1509925287

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The Structural Transformation of European Private Law by Leone Niglia Pdf

"This book offers a ground-breaking reading, both comparative and historical, of the structure and transformation of private law in continental Europe. In so doing it reconstructs a hermeneutical praxis that is (it is argued) at the core of private law: the balancing of conflicting interests and normative considerations. It makes three key arguments; firstly that 'balancing' in private law is a not merely an analytical process but instead a form of legal argument. Secondly, in order to truly understand private law, a bottom-up historical analysis must be adopted. Thirdly, 'balancing' has always been a comparative process within civil law systems and across the civil-common law divide. This is an ambitious and magisterial survey of European private law, which offers innovative analytical tools in order to allow a deep understanding of the evolution of the discipline."--

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 : 42,6 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.

The Making of European Private Law

J. M. Smits
The Making of European Private Law Book PDF

Author : J. M. Smits
Publisher : Intersentia nv
Page : 322 pages
File Size : 49,6 Mb
Release : 2002
Category : Civil law
ISBN : 9789050951913

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The Making of European Private Law by J. M. Smits Pdf

The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.

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 : 48,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781848441279

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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.

Constitutionalization of European Private Law

Hans Micklitz
Constitutionalization of European Private Law Book PDF

Author : Hans Micklitz
Publisher : OUP Oxford
Page : 320 pages
File Size : 51,7 Mb
Release : 2014-04-17
Category : Law
ISBN : 9780191020087

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Constitutionalization of European Private Law by Hans Micklitz Pdf

In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

The Transformation of European Private Law

James Devenney,Mel Kenny
The Transformation of European Private Law Book PDF

Author : James Devenney,Mel Kenny
Publisher : Cambridge University Press
Page : 351 pages
File Size : 50,5 Mb
Release : 2013-10-24
Category : Law
ISBN : 9781107038806

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The Transformation of European Private Law by James Devenney,Mel Kenny Pdf

A critical overview of the Europeanisation of private law at a watershed moment, a point of punctuated equilibrium.

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 : 41,5 Mb
Release : 2016
Category : Civil law
ISBN : 1780683677

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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 Transformation of Europe

Miguel Poiares Maduro,Marlene Wind
The Transformation of Europe Book PDF

Author : Miguel Poiares Maduro,Marlene Wind
Publisher : Cambridge University Press
Page : 383 pages
File Size : 54,6 Mb
Release : 2017-09-28
Category : Law
ISBN : 9781107157941

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The Transformation of Europe by Miguel Poiares Maduro,Marlene Wind Pdf

This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.

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 : 51,6 Mb
Release : 2011-03-30
Category : Law
ISBN : 9783866539334

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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 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 : 55,5 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.

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 : 45,5 Mb
Release : 2016-09-23
Category : Law
ISBN : 9781443899956

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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.

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 : 40,6 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.

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 : 51,7 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848447264

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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 Common Core of European Private Law:Essays on the Project

Mauro Bussani,Ugo Mattei
The Common Core of European Private Law Essays on the Project Book PDF

Author : Mauro Bussani,Ugo Mattei
Publisher : Springer
Page : 248 pages
File Size : 53,9 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105060354623

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The Common Core of European Private Law:Essays on the Project by Mauro Bussani,Ugo Mattei Pdf

Papers originally presented at meetings of the Common Core of European Private Law Project.