European Contract Law And The Charter Of Fundamental Rights
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European Contract Law And The Charter Of Fundamental Rights
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Author : Hugh Collins
language : en
Publisher:
Release Date : 2017
European Contract Law And The Charter Of Fundamental Rights written by Hugh Collins and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Charter of Fundamental Rights of the European Union categories.
A collection of essays by legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.
Fundamental Rights In European Contract Law
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Author : C. Mak
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-29
Fundamental Rights In European Contract Law written by C. Mak and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-29 with Law categories.
This book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: To what extent do fundamental rights affect contract law? In which types of cases can fundamental rights be applied? What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively. For its reframing of old questions and its insightful delimitations of new ones, this book offers a fresh and deeply informed new perspective on this important area of developing law. The discussion, moreover, has received an additional impulse from the debate leading up to the recent agreement on a Reform Treaty regarding the institutional settlement of the Union, which will give a legally binding status to the Nice Charter of Fundamental Rights. For these reasons and others, the book will be of great value to all interested parties in government, business, and legal practice.
Constitutional Values And European Contract Law
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Author : Stefan Grundmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-06-27
Constitutional Values And European Contract Law written by Stefan Grundmann and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-27 with Law categories.
Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme¬ly dynamic over the last 10 years, both in substance and perspec¬tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all-encompassing basis.
European Contract Law And The Charter Of Fundamental Rights
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Author : Hugh Collins
language : en
Publisher: Intersentia Limited
Release Date : 2017
European Contract Law And The Charter Of Fundamental Rights written by Hugh Collins and has been published by Intersentia Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Charter of Fundamental Rights of the European Union categories.
A collection of essays by distinguished legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.
Eu Compendium Fundamental Rights And Private Law
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Author : Christoph Busch
language : en
Publisher: Walter de Gruyter
Release Date : 2010-12-23
Eu Compendium Fundamental Rights And Private Law written by Christoph Busch and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-23 with Law categories.
This compendium provides an introduction to the intricate interplay of fundamental rights and private law. It identifies areas of commercial and civil law where fundamental rights from different sources play a key role in the interpretation and application of private law rules. In addition, it offers a collection of case law examples from across the EU which illustrate differences and commonalities regarding the influence of fundamental rights on civil and commercial litigation. It is thus well suited for the training of judges and as a source of inspiration for national legislators. Contributors to the study co-ordinated by the European Legal Studies Institute at University of Osnabrück with the support of the European Commission’s "Fundamental Rights and Citizenship Programme" include high ranking judges as well as young researchers from across the EU. "As the Commissioner for Justice, Fundamental Rights and Citizenship, I can only praise the pertinent purpose and the methodology of the compendium which underlines the concrete approach the authors adopted." Viviane Reding, Vice-President of the European Commission
Eu Consumer Law And Human Rights
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Author : Iris Benohr
language : en
Publisher: Oxford University Press
Release Date : 2013-10
Eu Consumer Law And Human Rights written by Iris Benohr and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10 with Law categories.
Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights. It examines the potential tensions that may emerge between consumer protection objectives and economic, market-oriented goals.
Commentary On The Eu
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Author : Marcus Klamert
language : en
Publisher:
Release Date : 2019-05-02
Commentary On The Eu written by Marcus Klamert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-02 with Charter of Fundamental Rights of the European Union categories.
This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
European Contract Law And The Creation Of Norms
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Author : Stefan Grundmann
language : en
Publisher: European Contract Law and Theory
Release Date : 2021-03
European Contract Law And The Creation Of Norms written by Stefan Grundmann and has been published by European Contract Law and Theory this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03 with categories.
The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules.00The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape.00The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.
The Principles Of European Contract Law Part Iii And Dutch Law
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Author : Harriët N. Schelhaas
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
The Principles Of European Contract Law Part Iii And Dutch Law written by Harriët N. Schelhaas and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.
Constitutionalization Of European Private Law
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Author : Hans-W. Micklitz
language : en
Publisher: Collected Courses of the Acade
Release Date : 2014
Constitutionalization Of European Private Law written by Hans-W. Micklitz and has been published by Collected Courses of the Acade this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Do fundamental rights impact our rights and obligations in our contractual relations, and to what extent? Having integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon, this book examines the effect these rights have on the position of EU citizens generally and in various fields of law, including private law.