General Principles of EU Civil Law

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Release : 2013
Genre : Law
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Book Rating : 764/5 ( reviews)

General Principles of EU Civil 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 General Principles of EU Civil Law write by Norbert Reich. This book was released on 2013. General Principles of EU Civil Law available in PDF, EPUB and Kindle. This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.

General Principles of Law

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Release : 2017-06-15
Genre : Law
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Book Rating : 697/5 ( reviews)

General Principles of 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 General Principles of Law write by Stefan Vogenauer. This book was released on 2017-06-15. General Principles of Law available in PDF, EPUB and Kindle. Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Rules and Principles in European Contract Law

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Release : 2015-03-01
Genre :
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Book Rating : 570/5 ( reviews)

Rules and Principles in European Contract 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 Rules and Principles in European Contract Law write by Jacobien Rutgers. This book was released on 2015-03-01. Rules and Principles in European Contract Law available in PDF, EPUB and Kindle. This book brings together the papers presented at the Society of European Contract Law's 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States, and whether common principles can be transformed into rules. The Society of European Contract Law (SECOLA) promotes the development and understanding of European contract law, including its economic, sociological, and intellectual historic relation in theory and in practice. Further, SECOLA provides an international platform for the discussion of developing and proposed contract law in Europe. In this spirit, the series European Contract Law and Theory combines dogmatic thinking in comparative and EU law with strong social theory considerations, and makes publicly available the results of the discussions of leading scholars and practitioner. (Series: European Contract Law and Theory - Vol. 1) [Subject: European Law, Contract Law]

Principles, Definitions and Model Rules of European Private Law

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Release : 2008
Genre : Civil law
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Book Rating : 595/5 ( reviews)

Principles, Definitions and Model Rules of European 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 Principles, Definitions and Model Rules of European Private Law write by Study Group on a European Civil Code. This book was released on 2008. Principles, Definitions and Model Rules of European Private Law available in PDF, EPUB and Kindle. 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.

Research Handbook on General Principles in EU Law

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Release : 2022-04-22
Genre : Political Science
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Book Rating : 388/5 ( reviews)

Research Handbook on General Principles in EU 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 Research Handbook on General Principles in EU Law write by Ziegler, Katja S.. This book was released on 2022-04-22. Research Handbook on General Principles in EU Law available in PDF, EPUB and Kindle. This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.