The Making 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 The Making of European Private Law write by J. M. Smits. This book was released on 2002. The Making of European Private Law available in PDF, EPUB and Kindle. 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.
A History of Private Law in Europe
A History of Private Law in Europe - 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 A History of Private Law in Europe write by Franz Wieacker. This book was released on 2023. A History of Private Law in Europe available in PDF, EPUB and Kindle. In this volume, Franz Wieacker tells how legal thinking, writing and teaching started in Europe and how it developed. One of the great strengths of the book lies in its demonstration of the constant interaction between the thinking of lawyers and the general philosophical ideas of their time.
The Foundations of European Private Law
The Foundations 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 The Foundations of European Private Law write by Roger Brownsword. This book was released on 2011-09-19. The Foundations of European Private Law available in PDF, EPUB and Kindle. 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.
The Politics of Justice in European Private Law
The Politics of Justice in 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 The Politics of Justice in European Private Law write by Hans-W Micklitz. This book was released on 2018-11-15. The Politics of Justice in European Private Law available in PDF, EPUB and Kindle. Compares national concepts of social justice with the developing European concept of access justice.
Making European Private Law
Making 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 Making European Private Law write by Fabrizio Cafaggi. This book was released on 2010-01-01. Making European Private Law available in PDF, EPUB and Kindle. This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.
