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Justifying Contract In Europe

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Justifying Contract In Europe

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Author : Martijn Willem Hesselink
language : en
Publisher: Oxford University Press
Release Date : 2021

Justifying Contract In Europe written by Martijn Willem Hesselink 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 2021 with Law categories.

This title uses contemporary political theories to address fundamental questions on European contract law. It also places these theories in the context of the current European contract law landscape. This book highlights future options for contract law in the EU, and how it may need to change.

Justifying Contract In Europe

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Author : Martijn Willem Hesselink
language : en
Publisher:
Release Date : 2021

Justifying Contract In Europe written by Martijn Willem Hesselink and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Contracts categories.

Justifying Contract In Europe

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Author : Martijn W. Hesselink
language : en
Publisher: Oxford University Press
Release Date : 2021-06-22

Justifying Contract In Europe written by Martijn W. Hesselink 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 2021-06-22 with Law categories.

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 Future Of The Person

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Author : Hans-W. Micklitz
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-03-06

The Future Of The Person written by Hans-W. Micklitz and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-06 with Law categories.

This book rigorously debates the notion of the person, a fundamental concept which underpins national private law orders worldwide. In the 20th century, the unity of the person came under pressure firstly through the rise of labour law and then secondly (post-World War II) through consumer law. The book moves this debate on, exploring the ongoing fragmentation of the concept of the person and the unique challenges that this gives rise to, and suggesting how this might impact on the future of private law. The book asks three questions: *are the 'subject' of the 19th-century Codes or the 'person' of 20th-century constitutions useful categories of reference for the person? *could fundamental rights, currently central to the notion of the person, be replaced by forms of the 'impersonal'? *how, and why, should subjectivities be rethought in the age of infocracy and autocracies? Thought-provoking and paradigm-shifting, this is a fascinating examination of the bedrock of private law.

Civil Courts And The European Polity

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Author : Chantal Mak
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-07-13

Civil Courts And The European Polity written by Chantal Mak and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-13 with Law categories.

The chapters collected in this book explore the place and role of judge-made private law in an emerging European polity. Examining case-law from the perspective of different theories and viewpoints, scholars and judges assess and reflect on the role of judges in civil cases for polity-building in Europe. The chapters thus present a kaleidoscopic view on the dynamics of private law adjudication against a European backdrop. The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe's political constellation. It aspires to enrich two debates – the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are placed within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.

The Structural Transformation Of European Private Law

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Author : Leone Niglia
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-06-15

The Structural Transformation Of European Private Law written by Leone Niglia and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-15 with Law categories.

This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades. Delving into the private law areas most exposed to the current modernisation wave – consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contracts, finance and political economy, and labour – the book critically explores a reconfiguration of Europe's constitutional structures relative to, and that results from, what to some appears to be an almost irresistible rise of private ordering through a transformed hermeneutics (balancing). This is a magisterial survey of European law, European private law, and comparative law seen through a pathbreaking comparative methodology labelled 'juridical comparative hermeneutics' within civil law systems and across the civil-common law divide, which offers innovative analytical tools that afford a deep understanding of the evolution of the disciplines.

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.