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Author: Mauro Bussani
Publisher: Carolina Academic Press
ISBN: 9781594605550
Category : Civil law
Languages : en
Pages : 0
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Book Description
This handbook provides reliable information on private law in an increasingly integrated Europe. It contains a collection of specially commissioned essays, including contributions on: corporation law, trust, law of sales, competition law, products liability, personal injuries law, limitation periods, the harmonization of European private law, and more. The essays are designed not only to offer a comprehensive overview of the different topics, but also to display and provoke lively and controversial debate. The handbook addresses some issues that appear to be both growing in momentum and largely overlooked by contemporary literature, namely a) the need to examine current and possible future developments in European private law institutions and issues affecting the legal lives of private, business, and public actors; b) the opportunity to fill a gap in the comparative literature through a concise reference book, which offers quick and easy access to the most relevant legal issues; and c) the cultural debate as to what European private law is and could be, rather than what it ought to be. It follows that the handbook is not meant to simply describe substantive law, but instead to "compare" private law institutions and cultures.
Author: Mauro Bussani
Publisher: Carolina Academic Press
ISBN: 9781594605550
Category : Civil law
Languages : en
Pages : 0
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Book Description
This handbook provides reliable information on private law in an increasingly integrated Europe. It contains a collection of specially commissioned essays, including contributions on: corporation law, trust, law of sales, competition law, products liability, personal injuries law, limitation periods, the harmonization of European private law, and more. The essays are designed not only to offer a comprehensive overview of the different topics, but also to display and provoke lively and controversial debate. The handbook addresses some issues that appear to be both growing in momentum and largely overlooked by contemporary literature, namely a) the need to examine current and possible future developments in European private law institutions and issues affecting the legal lives of private, business, and public actors; b) the opportunity to fill a gap in the comparative literature through a concise reference book, which offers quick and easy access to the most relevant legal issues; and c) the cultural debate as to what European private law is and could be, rather than what it ought to be. It follows that the handbook is not meant to simply describe substantive law, but instead to "compare" private law institutions and cultures.
Author: Geert van Calster
Publisher: Bloomsbury Publishing
ISBN: 1509942084
Category : Law
Languages : en
Pages : 531
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Book Description
This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.
Author: Luz M. Martínez Velencoso
Publisher: Cambridge University Press
ISBN: 1107187095
Category : Law
Languages : en
Pages : 449
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Book Description
This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.
Author: Hans-W Micklitz
Publisher: Cambridge University Press
ISBN: 1108424120
Category : Law
Languages : en
Pages : 489
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Book Description
Compares national concepts of social justice with the developing European concept of access justice.
Author: Jürgen Basedow
Publisher:
ISBN: 9781839701214
Category :
Languages : en
Pages : 780
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Book Description
The book deals with the impact of EU law on private relations. While EU law has principally developed through vertical relations of the Union and its Member States with private persons, its foundations, principles and enforcement mechanisms are increasingly affecting the growing body of EU law governing horizontal relations between individuals and undertakings. The results are sometimes unexpected and sometimes inappropriate.
Author: A. S. Hartkamp
Publisher:
ISBN: 9781780683850
Category : Civil law
Languages : en
Pages : 0
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Book Description
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.
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
ISBN: 3866530595
Category : Civil law
Languages : en
Pages : 406
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Book Description
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.
Author: J. M. Smits
Publisher: Intersentia nv
ISBN: 9050951910
Category : Civil law
Languages : en
Pages : 322
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Book Description
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.
Author: Hans Micklitz
Publisher: OUP Oxford
ISBN: 0191020087
Category : Law
Languages : en
Pages : 320
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Book Description
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.
Author: Roger Brownsword
Publisher: Bloomsbury Publishing
ISBN: 1847317901
Category : Law
Languages : en
Pages : 499
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Book Description
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.
