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Basil Markesinis Leading The Way To A New Ius Europaeum A Review And Appraisal Of The Europeanization Of Private Law
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Download or read book Basil Markesinis written by Philipp Hujo and published by GRIN Verlag. This book was released on 2009-04 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 13, Saarland University, language: English, abstract: It is now widely accepted that the law of the European member states should be harmonized to make Europe's economy more competitive. Business needs to operate across borders efficiently to stimulate a more competitive supply of goods and services. A plurality of separate solutions for the same issue is a risk that the uncertainty and complexity of the legal environment will undermine rather than enable legitimate economic activity. Therefore we need to create an economic environment underpinned by legal certainty and security. This essay on European Private Law discusses the progress of Europeanization in the field of Contract Law. It will, in doing so, especially focus on legal education and its contribution to achieve unification and harmonisation of European Union law. But, as the title indicates, in the actual centre of this essay, will be one scholar, who has significantly contributed to the understanding of comparative law and who has increased its status as a recognised legal subject: Basil Markesinis. It is furthermore my goal to provide English law students who are interested in comparative law topics with a guide to useful literature for their studies, especially with regards to German Law. I hope that this essay can contribute that comparative law may no longer be a "subject in search of an audience", as Markesinis called it 1], and to persuade English students of the benefits of comparative law studies.
Book Synopsis Basil Markesinis: Leading the way to a ‚new ius europaeum’ - A review and appraisal of the Europeanization of Private Law by : Philipp Hujo
Download or read book Basil Markesinis: Leading the way to a ‚new ius europaeum’ - A review and appraisal of the Europeanization of Private Law written by Philipp Hujo and published by GRIN Verlag. This book was released on 2007-06-01 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 13, Saarland University, language: English, abstract: It is now widely accepted that the law of the European member states should be harmonized to make Europe’s economy more competitive. Business needs to operate across borders efficiently to stimulate a more competitive supply of goods and services. A plurality of separate solutions for the same issue is a risk that the uncertainty and complexity of the legal environment will undermine rather than enable legitimate economic activity. Therefore we need to create an economic environment underpinned by legal certainty and security. This essay on European Private Law discusses the progress of Europeanization in the field of Contract Law. It will, in doing so, especially focus on legal education and its contribution to achieve unification and harmonisation of European Union law. But, as the title indicates, in the actual centre of this essay, will be one scholar, who has significantly contributed to the understanding of comparative law and who has increased its status as a recognised legal subject: Basil Markesinis. It is furthermore my goal to provide English law students who are interested in comparative law topics with a guide to useful literature for their studies, especially with regards to German Law. I hope that this essay can contribute that comparative law may no longer be a “subject in search of an audience”, as Markesinis called it[1], and to persuade English students of the benefits of comparative law studies.
Book Synopsis The Making of European Private Law by : J. M. Smits
Download or read book The Making of European Private Law written by J. M. Smits and published by Intersentia nv. This book was released on 2002 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe by : Martijn Hesselink
Download or read book The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe written by Martijn Hesselink and published by Kluwer Law International B.V.. This book was released on 2002-10-16 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Development of European Private Law in a Multilevel Legal Order by : Esther van Schagen
Download or read book The Development of European Private Law in a Multilevel Legal Order written by Esther van Schagen and published by . This book was released on 2018 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Using insights from multilevel governance and pluralism, this book provides an ... 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."--
Book Synopsis European Private Law After the Common Frame of Reference by : Hans W. Micklitz
Download or read book European Private Law After the Common Frame of Reference written by Hans W. Micklitz and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a must read for anybody interested in the future development of European private law. European Private Law News This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond. Peter Stone, University of Essex, UK European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective. Francesco Parisi, University of Minnesota, US and University of Bologna, Italy The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable who s who in the field and it is a terrific read. Stephen Weatherill, University of Oxford, UK This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century. The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts. This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US EU comparison of different legal orders.
Book Synopsis The Structural Transformation of European Private Law by : Leone Niglia
Download or read book The Structural Transformation of European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2023-06-15 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades. Delving into the private law areas most exposed to the current modernisation wave consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contracts, finance and political economy, and labour the book critically explores a reconfiguration of Europe's constitutional structures relative to, and that results from, what to some appears to be an almost irresistible rise of private ordering through a transformed hermeneutics (balancing). This is a magisterial survey of European law, European private law, and comparative law seen through a pathbreaking comparative methodology labelled 'juridical comparative hermeneutics' within civil law systems and across the civil-common law divide, which offers innovative analytical tools that afford a deep understanding of the evolution of the disciplines.
Book Synopsis New Directions in European Private Law by :
Download or read book New Directions in European Private Law written by and published by . This book was released on 2021 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.
Book Synopsis Alternative Ways to Ius Commune by : Marco Loos
Download or read book Alternative Ways to Ius Commune written by Marco Loos and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2011, two major instruments of European contract law were published: the 2011 Consumer Rights Directive (CRD) was enacted and the proposal for a Common European Sales Law (CESL) was launched. Both instruments aim at improving the internal market. Whereas the CRD aims at B2C contracts, the CESL may be applied, as an optional instrument, both to B2C and B2B contracts. In this book, both instruments are discussed. The book represents the most important developments in this area of European private law. Contents include: approaching the CRD from an historical and a competition law perspective * an argument that the way the CESL is drafted endangers its chances of being applied in practice * matters regarding the remedies for non-conformity under the CESL * the development of European private law, from the 1975 Consumer Policy Program to the CRD and the CESL * the relationship between private law, global governance, and the European Union * the harmonization of European matrimonial property law. (Series: Ius Commune Europaeum - Vol. 105)
Author :Commission on European Contract Law Publisher :Kluwer Law International B.V. ISBN 13 :9041113053 Total Pages :612 pages Book Rating :4.0/5 (411 download)
Book Synopsis Principles of European Contract Law by : Commission on European Contract Law
Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2000-01-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.
Book Synopsis Elgar Encyclopedia of Comparative Law, Second Edition by : J. M. Smits
Download or read book Elgar Encyclopedia of Comparative Law, Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
Book Synopsis The German Civil Code (as Amended to January 1, 1975) by : Germany
Download or read book The German Civil Code (as Amended to January 1, 1975) written by Germany and published by Fred B. Rothman. This book was released on 1975 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, which also contains the Introductory Act to the Code and the Marriage Law of the FRG, comes at a time when the growth of the Common Market and international trade have made access to the Code in English increasingly important.
Book Synopsis Courts and Comparative Law by : Mads Tønnesson Andenæs
Download or read book Courts and Comparative Law written by Mads Tønnesson Andenæs and published by Oxford University Press, USA. This book was released on 2015 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.
Book Synopsis Introduction to Turkish Law by : Tu?rul Ansay
Download or read book Introduction to Turkish Law written by Tu?rul Ansay and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encompassing all the major fields of legal practice, Introduction to Turkish Law provides an essential understanding of the Turkish legal system, so that users can become familiar with law and legal processes in Turkey and pursue further research on specific Turkish legal matters. Twelve chapters, written by Turkish experts in their areas of specialty, focus on particular fields and provide also the Turkish equivalents of English terminology. The book covers the following topics: * sources of Turkish law; * constitutional law; * administrative law; * legal persons and business associations; * family and inheritance matters; * property; * obligations; * criminal law; and * the laws of civil and criminal procedure. The sixth edition reflects the continuing adaptation of Turkish law to international standards - especially in light of Turkey's hopes for membership in the European Union. These aspirations forced the Turkish lawmakers to modify some basic laws intensively or change them entirely. A short updated list of books and articles in English on Turkish law is appended.
Book Synopsis Structures of Civil and Procedural Law in South Eastern European Countries by : Tu?rul Ansay
Download or read book Structures of Civil and Procedural Law in South Eastern European Countries written by Tu?rul Ansay and published by BWV Verlag. This book was released on 2008-01-01 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Social Structure and Law by : William M. Evan
Download or read book Social Structure and Law written by William M. Evan and published by SAGE Publications, Incorporated. This book was released on 1990-06 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is still a good deal of confusion surrounding the sociology of law with regard to the subject and boundaries of the field. Social Structure and Law clarifies some of the central issues. Using his own social structure model, Evan explains the interactions between legal and non-legal institutions and provides some useful theoretical guidelines for ongoing research. Readers will profit from studying this volume which sets forth a rationale for theoretical and empirical contributions to the sociology of law.
Book Synopsis The Angora Reform by : comte Léon Ostrorog
Download or read book The Angora Reform written by comte Léon Ostrorog and published by . This book was released on 1927 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
