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Author: Hector L. MacQueen
Publisher: Cambridge University Press
ISBN: 1139438786
Category : Law
Languages : en
Pages : 335
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Book Description
Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
Author: Hector L. MacQueen
Publisher: Cambridge University Press
ISBN: 1139438786
Category : Law
Languages : en
Pages : 335
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Book Description
Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
Author: Leone Niglia
Publisher: Bloomsbury Publishing
ISBN: 1782253114
Category : Law
Languages : en
Pages : 326
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Book Description
The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.
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.
Author: Martijn Hesselink
Publisher: Kluwer Law International B.V.
ISBN: 9041119620
Category : Law
Languages : en
Pages : 290
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Book Description
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.
Author: Peter Arend Jan van den Berg
Publisher: ISBS
ISBN: 9789076871486
Category : History
Languages : en
Pages : 352
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Book Description
European codification of private law is the talk of the day. The European Parliament favors it, the European Commission supports it, and many legal scholars are already working on it. This book addresses the forthcoming European codification from the perspective of previous codifications and their origin. Several current codifications, such as the French Code civil and the Austrian ABGB, found their origin in what can be referred to as 'state formation.' As uniformity was perceived to be crucial for the formation of a modern state, unification of law became an important goal. Codification was an excellent means to achieve this goal. The very essence of these codifications served to establish the central government as the legislative authority throughout its territory. Historical enquiry of these processes of codification reveals elements and arguments that are reminiscent of those encountered in the current endeavors to achieve a European codification of private law. An understanding of their history is essential to the understanding of the current political processes in European codification.
Author: Ugo Mattei
Publisher: Kluwer Law International B.V.
ISBN: 9041122303
Category : Law
Languages : en
Pages : 202
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Book Description
This volume contains thoughts on the issue of Codification of European Private Law and on the present state of European Private Law by one of the protagonists of the debate that is unfolding in Europe. Taking a sometimes sharply critical view, Professor Mattei attempts to unveil what he considers biases, strategies, and ideologies that affect the European legal process. The work attempts to open a basic and genuine political debate between legal scholars, which he considers an unavoidable prerequisite of any major reform process in private law. Challenging the claim of technocratic neutrality shared by much of the most influential European legal academy, the author uses the tools of Comparative Law and Economics to set priorities on the table and to show some of the real stakes of the present process. The work explores fundamental areas of European private law, from the sources' to contracts' to trust law.
Author: A. Hartkamp
Publisher: Springer
ISBN: 9789041110312
Category : Law
Languages : en
Pages : 650
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Book Description
Author: Gerrit Betlem
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 492
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Book Description
In 1989 the European Parliament called for the elaboration of a European Civil Code and although the European Commission has not yet shown much enthusiasm for this idea, many legal scholars consider it to be a great challenge. the desirability and possible content of a European Civil Code. The book is divided into two parts. The first part examines the general issues which concern the unification of private law in Europe. private law that were considered to be appropriate for a unification on a European level. Because of the numerous reference made throughout the book to the UNIDROIT Principles for International Commercial Contracts and to the Principles of European Contract Law, these texts have been reproduced in an annex to this book.
Author: Mauro Bussani
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 248
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Book Description
Papers originally presented at meetings of the Common Core of European Private Law Project.
Author: Hugh Collins
Publisher:
ISBN: 9781780681733
Category : Civil law
Languages : en
Pages : 0
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Book Description
Does the European Union need a Civil Code? Like a dark cloud, this question hovers over debates about the future of private law in Europe. Few advocate explicitly the adoption of a civil code in the immediate future, yet many have taken instrumental steps along a road that seems to lead only in that direction. Those steps, - whether they be in the task of discovering common core of principles of private law among national legal systems,1 or producing a systematic body of principles such as the Principles of European Contract Law2 and the Draft Common Frame of Reference of rules and principles for the law of obligations,3 or augmenting the scope of Directives to include more and more types of transactions, - all have the same direction of travel towards a comprehensive European set of rules governing contracts and related legal obligations. Although these eff orts are fascinating intellectual ventures and may prove useful for some purposes, it is important to ask whether the European Union really needs to go on this journey towards a Civil Code.
