The New European Private Law Vol 3 Essays On The Future Of Private Law In Europe
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The New European Private Law Vol 3 Essays On The Future Of Private Law In Europe
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Author : Martijn Hesselink
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2002-10-16
The New European Private Law Vol 3 Essays On The Future Of Private Law In Europe written by Martijn Hesselink 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 2002-10-16 with Law categories.
In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
European Private Law Foreword
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Author : Mauro Bussani
language : en
Publisher:
Release Date : 2009
European Private Law Foreword written by Mauro Bussani and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Civil law categories.
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.
European Private Law After The Common Frame Of Reference
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Author : Hans W. Micklitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
European Private Law After The Common Frame Of Reference written by Hans W. Micklitz and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
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.
New Directions In European Private Law
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Author : Takis Tridimas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-05-20
New Directions In European Private Law written by Takis Tridimas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-20 with Law categories.
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.
A Common Law For Europe
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Author : Gian Antonio Benacchio
language : en
Publisher: Central European University Press
Release Date : 2005-09-15
A Common Law For Europe written by Gian Antonio Benacchio and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-15 with Law categories.
An essential guide for lawmakers, scholars, and students of law, this work takes on the formidable task of providing a detailed overview of the harmonization of law in the European Union. Skillfully researched, the authors seek to approach this topic with an eye to the recent enlargement process. In highlighting the most recent actions of the European Court of Justice and the Court of First Instance, the book seeks to analyze the future strengths and pitfalls of EU Common Law. Court rulings are quoted at length, and work in conjunction with text inserts in providing a format that breaks down complex information. This open style of the book gives researchers the ability to quickly locate useful information and cite statements from EU institutions. In outlining the sources and institutions of Community Law, and the challenges in harmonizing national and supra-national law-books, 'A Common Law for Europe' has done a tremendous service for academics and future leaders of the European Union.
Constructing Modern European Private Law
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Author : Ivan Sammut
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2016-09-23
Constructing Modern European Private Law written by Ivan Sammut and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-23 with Law categories.
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.
The Making Of European Private Law
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Author : J. M. Smits
language : en
Publisher: Intersentia nv
Release Date : 2002
The Making Of European Private Law written by J. M. Smits and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Civil law categories.
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.
The Future Of European Private Law
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Author : André Janssen
language : en
Publisher:
Release Date : 2023
The Future Of European Private Law written by André Janssen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
Until a few years ago, nothing seemed impossible in terms of the further development of European Private Law. Important projects such as the Common Frame of Reference and a Common European Sales Law were discussed, even a European Civil Code seemed to be within reach. With the failure of these ideas, however, the great visions for European Private Law have become silent, which does not take away from the fact that it is nevertheless developing steadily, only in a more small-scale and fragmentary manner than originally envisioned. This book aims on the one hand to show the state of development of European Private Law in all its facets, and on the other hand to answer the question of what the acquis communautaire of the future should look like. --
The Future Of European Private Law
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Author : André Janssen
language : en
Publisher:
Release Date : 2023
The Future Of European Private Law written by André Janssen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Bürgerliches Recht categories.