Ius Commune Lectures on European Private Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Ius Commune Lectures on European Private Law PDF full book. Access full book title Ius Commune Lectures on European Private Law by . Download full books in PDF and EPUB format.
Author:
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 284
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 284
Get Book Here
Book Description
Author: Alan Watson (historicus)
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 16
Get Book Here
Book Description
Author: J. M. Smits
Publisher: Intersentia nv
ISBN: 9050951910
Category : Civil law
Languages : en
Pages : 322
Get Book Here
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: A. WATSON
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: Martijn Hesselink
Publisher: Kluwer Law International B.V.
ISBN: 9041119620
Category : Law
Languages : en
Pages : 290
Get Book Here
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: Esther van Schagen
Publisher:
ISBN: 9781780683676
Category : Civil law
Languages : en
Pages : 0
Get Book Here
Book Description
Using insights from multilevel governance and pluralism, this book provides an in-depth analysis of the development of European private law in the Dutch and German legal order. The book focuses on the question whether the coexistence of national and European state and non-state actors is detrimental or beneficial for the predictability, consistency, accessibility and responsiveness of European private law. On the one hand, the discourse on multilevel governance draws attention to the possibility that problems may arise if interdependent actors do not sufficiently interact. This may be the case in European private law, where national and European legislators and courts have become increasingly interdependent on one another in ensuring that European private law develops predictably, consistently, accessibly, and responsively. The book analyzes the development of European private law by national and European state actors through codifications, blanket clauses, soft laws and general principles in the light of interdependence. In addition, non-state actors have played an increasingly important role in developing binding rules in European private law. This development necessitates more interaction between actors, and more attention for the potentially binding effect of privately developed rules on third parties' rights. The book accordingly develops a normative framework to determine the extent to which private actors should be able to develop binding rules, based on principles of democracy, private autonomy, and concerns for hetero-determination. On the other hand, pluralism perspectives advocate the development of European private law at different levels and jurisdictions in the light of responsiveness, regulatory competition, and opportunities for mutual learning. The book explores whether these benefits have materialized in the development of European private law, drawing attention to failed and successful instances of regulatory competition and mutual learning, and resulting innovations. The book sketches new governance techniques that may help interdependent actors take into account one another's initiatives and benefit from each other's insights, although they may also entail hetero-determination. (Series: Ius Commune Europaeum, Vol. 144) Subject: European Law, Private Law]
Author: R. C. van Caenegem
Publisher: Cambridge University Press
ISBN: 9780521006484
Category : History
Languages : en
Pages : 188
Get Book Here
Book Description
R. C. van Caenegem considers the historical reasons behind European legal diversity.
Author: David J. Ibbetson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 46
Get Book Here
Book Description
Selden Society Lecture delivered in the Old Hall of Lincoln's Inn, July 20th, 2000.
Author: Roger Brownsword
Publisher: Bloomsbury Publishing
ISBN: 1847317901
Category : Law
Languages : en
Pages : 499
Get Book Here
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: Alan Watson
Publisher:
ISBN:
Category :
Languages : en
Pages : 16
Get Book Here
Book Description
