European Law And National Private Law
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European Law And National Private Law
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Author : A. S. Hartkamp
language : en
Publisher:
Release Date : 2016
European Law And National Private Law written by A. S. Hartkamp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Civil law categories.
European law affects national private law in many ways. This is not only true for EU Directives, but also for the EU Treaties, the EU Charter on Fundamental Rights and the general principles of EU law. This book explores the influence of European law on legal relationships between individuals.
European Law And National Private Law
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Author : A. S. Hartkamp
language : en
Publisher:
Release Date : 2016
European Law And National Private Law written by A. S. Hartkamp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Civil law categories.
Traditionally European law is important for public law. However, it is also increasingly important for private law, that is to say, the legal relationships between individuals. European Law and National Private Law addresses and analyses the various sources of European law in (hierarchical) order, namely the Treaty on the Functioning of the European Union, the general principles of EU law, EU Directives and EU Regulations, as well as the influence of fundamental rights (both the ECHR and the EU Charter) on private law. The nature of each source of law and its significance for and influence on the general part of national private law is discussed. Particular attention is devoted to the review of national private law legislation in the light of European legislation that has direct effect, direct and indirect effect of European law on legal relationships between individuals, ex officio application of European law by the national courts, and interpretation issues arising as a result of the interaction between European law and national law. Further, comparisons are drawn between the different sources of law. The book then concludes with a detailed overview of European Directives that are of particular relevance for general private law. European Law and National Private Law provides a concise introduction to the influence of EU law and the ECHR on legal relationships between individuals - a must read for every lawyer.
European Law And National Private Law
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Author : A. S. Hartkamp
language : en
Publisher:
Release Date : 2012
European Law And National Private Law written by A. S. Hartkamp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Civil law categories.
Eu Private Law And The Cisg
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Author : Zvonimir Slakoper
language : en
Publisher: Routledge
Release Date : 2021-09-30
Eu Private Law And The Cisg written by Zvonimir Slakoper and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with Law categories.
EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.
Cases Materials And Text On European Law And Private Law
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Author : Arthur Hartkamp
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-03-09
Cases Materials And Text On European Law And Private Law written by Arthur Hartkamp and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-09 with Law categories.
This Casebook deals with the horizontal effects of EU law, which is to say its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. The main focus of the Casebook is on the developments relating to primary EU law and their influence on national private law. It studies instances where EU primary law has already directly or indirectly influenced the case law in the Member States, or where it is expected to do so soon. Compared to the well-known impact of EU directives on private law, these developments concerning primary EU law are hardly noted by private lawyers and perhaps not sufficiently explained by scholars of EU law. Therefore the book makes an important contribution to scholarship and education. This book highlights developments in the areas of competition law, fundamental freedoms, non-discrimination, general principles of EU law, ex officio application of provisions of EU law and implementation of directives, including harmonious interpretation and Francovich liability. In its analysis of the ways in which EU law interacts with private law, the book will be an invaluable resource to students, practitioners and academics of EU private law.
European Private Law Current Status And Perspectives
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Author : Reiner Schulze
language : en
Publisher: Walter de Gruyter
Release Date : 2011-03-30
European Private Law Current Status And Perspectives written by Reiner Schulze 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 2011-03-30 with Law categories.
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 Influence Of Eu Law On National Private Law
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Author : Arthur Severijn Hartkamp
language : en
Publisher:
Release Date : 2014
The Influence Of Eu Law On National Private Law written by Arthur Severijn Hartkamp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Civil law categories.
The impact of European Union Law on private law is considerable and continues to increase. In some areas of private law that impact is nearly as old as EU law itself, but in more recent years it has begun to spread to other parts of private law and to its heartland, the law of obligations (including contracts, torts and unjust enrichment) and property law. The influence is divided over legislative texts (EU Treaties, regulations and national legislative acts implementing directives) and important case law of the European Court of Justice interpreting those texts.
The Foundations Of European Private Law
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Author : Roger Brownsword
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-09-19
The Foundations Of European Private Law written by Roger Brownsword and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-19 with Law categories.
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 Involvement Of Eu Law In Private Law Relationships
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Author : Dorota Leczykiewicz
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-03-12
The Involvement Of Eu Law In Private Law Relationships written by Dorota Leczykiewicz and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-12 with Law categories.
The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.
The Influence Of Eu Law On National Private Law
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Author : A. S. Hartkamp
language : nl
Publisher:
Release Date : 2014
The Influence Of Eu Law On National Private Law written by A. S. Hartkamp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Civil law categories.
De invloed van het Europese recht op het nationale privaatrecht wordt steeds belangrijker. In sommige delen van het privaatrecht is die invloed even oud als het EU-recht, maar thans strekt hij zich uit tot het algemene deel van het vermogensrecht. Daarbij gaat het zowel om verdrags- en wetteksten (EU verdragen, verordeningen en nationale wetgeving die richtlijnen implementeert) als om rechtspraak van het Europese Hof van Justitie die daaraan uitleg geeft. Deze bundel over de verhouding tussen Europees recht en nationaal privaatrecht beoogt de praktijkjurist inzicht te geven in de invloed van het Europese recht op het Nederlandse burgerlijk recht. Het belangrijkste doel van de bundel is dan ook om de kennis van die juristen die thuis zijn in het nationale vermogensrecht te completeren met de Europeesrechtelijke aspecten daarvan. Aldus wordt de Europeesrechtelijke dimensie van geldend Nederlands privaatrecht in kaart gebracht. De bundel is verdeeld in een algemeen deel en een bijzonder deel. Beide delen bevatten twee soorten bijdragen. Het algemene deel, dat in het Engels verschijnt, bevat enerzijds (onder A) bijdragen die aandacht besteden aan algemene vraagstukken die van belang zijn voor de interactie van Europees recht en privaatrecht. Onder meer wordt aandacht besteed aan de verschillende vormen van horizontale werking van het EU-recht, de verkeersvrijheden, de algemene beginselen van Unierecht, de grondrechten, de richtlijnconforme interpretatie en ambtshalve toepassing. Anderzijds zijn (onder B) beschouwingen opgenomen over de invloed van het Unierecht op de hoofdgebieden van het algemene vermogensrecht, zoals goederenrecht, overeenkomstenrecht, onrechtmatige daad en ongerechtvaardigde verrijking, alsmede het mededingingsrecht. Het bijzondere deel, dat in het Nederlands verschijnt, bevat enerzijds (onder A) een overzicht van de richtlijnen op het gebied van het algemene vermogensrecht en anderzijds (onder B) bijdragen over de verhouding tussen het Europese recht en een aantal bijzondere rechtsgebieden, zoals vennootschapsrecht, het arbeidsrecht, het verzekeringsrecht, het intellectuele eigendomsrecht, het aanbestedingsrecht, het vervoersrecht, het insolventierecht, het internationale privaat- en procesrecht en het telecommunicatierecht.