European Law and National Private Law

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Author :
Release : 2016
Genre : Civil law
Kind :
Book Rating : 850/5 ( reviews)

European Law and National Private Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook European Law and National Private Law write by A. S. Hartkamp. This book was released on 2016. European Law and National Private Law available in PDF, EPUB and Kindle. 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.

EU Private Law and the CISG

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Release : 2021-09-30
Genre : Law
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Book Rating : 401/5 ( reviews)

EU Private Law and the CISG - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook EU Private Law and the CISG write by Zvonimir Slakoper. This book was released on 2021-09-30. EU Private Law and the CISG available in PDF, EPUB and Kindle. EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

European Law and National Private Law

Download European Law and National Private Law PDF Online Free

Author :
Release : 2016
Genre : Civil law
Kind :
Book Rating : 513/5 ( reviews)

European Law and National Private Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook European Law and National Private Law write by A. S. Hartkamp. This book was released on 2016. European Law and National Private Law available in PDF, EPUB and Kindle. Traditionally European law is important for public law. However, it is also increasingly important for private law, that is to say, the legal relationships between individuals. European Law and National Private Law addresses and analyses the various sources of European law in (hierarchical) order, namely the Treaty on the Functioning of the European Union, the general principles of EU law, EU Directives and EU Regulations, as well as the influence of fundamental rights (both the ECHR and the EU Charter) on private law. The nature of each source of law and its significance for and influence on the general part of national private law is discussed. Particular attention is devoted to the review of national private law legislation in the light of European legislation that has direct effect, direct and indirect effect of European law on legal relationships between individuals, ex officio application of European law by the national courts, and interpretation issues arising as a result of the interaction between European law and national law. Further, comparisons are drawn between the different sources of law. The book then concludes with a detailed overview of European Directives that are of particular relevance for general private law. European Law and National Private Law provides a concise introduction to the influence of EU law and the ECHR on legal relationships between individuals - a must read for every lawyer.

European Law and National Private Law

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Author :
Release : 2012
Genre : Civil law
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Book Rating : 118/5 ( reviews)

European Law and National Private Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook European Law and National Private Law write by A. S. Hartkamp. This book was released on 2012. European Law and National Private Law available in PDF, EPUB and Kindle.

The Involvement of EU Law in Private Law Relationships

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Release : 2013-03-12
Genre : Law
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Book Rating : 049/5 ( reviews)

The Involvement of EU Law in Private Law Relationships - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Involvement of EU Law in Private Law Relationships write by Dorota Leczykiewicz. This book was released on 2013-03-12. The Involvement of EU Law in Private Law Relationships available in PDF, EPUB and Kindle. The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.