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Coherence And Fragmentation In European Private Law
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Book Synopsis Coherence and Fragmentation in European Private Law by : Pia Letto-Vanamo
Download or read book Coherence and Fragmentation in European Private Law written by Pia Letto-Vanamo and published by Walter de Gruyter. This book was released on 2012-08-31 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.
Book Synopsis The Struggle for European Private Law by : Leone Niglia
Download or read book The Struggle for European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.
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 The Foundations of European Private Law by : Roger Brownsword
Download or read book The Foundations of European Private Law written by Roger Brownsword and published by Bloomsbury Publishing. This book was released on 2011-09-19 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis EU Private Law and the CISG by : Zvonimir Slakoper
Download or read book EU Private Law and the CISG written by Zvonimir Slakoper and published by Routledge. This book was released on 2021-09-30 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judicial Coherence in the European Patent System by : Baldan, Federica
Download or read book Judicial Coherence in the European Patent System written by Baldan, Federica and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe.
Book Synopsis European Law on Unfair Commercial Practices and Contract Law by : Mateja Durovic
Download or read book European Law on Unfair Commercial Practices and Contract Law written by Mateja Durovic and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanisation of private law in the European Union, and in particular of contract law.
Book Synopsis Private Law in the External Relations of the EU by : Marise Cremona
Download or read book Private Law in the External Relations of the EU written by Marise Cremona and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the interaction between EU external relations law and private law, examining how the relationship has affected the evolution of the EU's competence, the extent of EU private law's reach beyond the boundaries of an internal market, and how the EU contributes to the formation of private regulation at an international level.
Book Synopsis Convergence and Divergence of Private Law in Asia by : Gary Low
Download or read book Convergence and Divergence of Private Law in Asia written by Gary Low and published by Cambridge University Press. This book was released on 2022-02-24 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.
Book Synopsis European Consumer Access to Justice Revisited by : Stefan Wrbka
Download or read book European Consumer Access to Justice Revisited written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2014-11-20 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
Book Synopsis The Coherence of EU Free Movement Law by : Niamh Nic Shuibhne
Download or read book The Coherence of EU Free Movement Law written by Niamh Nic Shuibhne and published by Oxford University Press. This book was released on 2013-08-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a critical analysis of the Court of Justice's jurisprudence on EU free movement rights, this book explains the drivers behind the fragmentation of internal market law. It argues that the Court has a responsibility to articulate coherent framework principles applicable in national law, but also requires greater support from Member States.
Book Synopsis Research Handbook on EU Consumer and Contract Law by : Christian Twigg-Flesner
Download or read book Research Handbook on EU Consumer and Contract Law written by Christian Twigg-Flesner and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. The Handbook is divided into three parts:
Book Synopsis Secured Credit in Europe by : Teemu Juutilainen
Download or read book Secured Credit in Europe written by Teemu Juutilainen and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.
Book Synopsis Pluralism and European Private Law by : Leone Niglia
Download or read book Pluralism and European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2013-01-29 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.
Book Synopsis The Interconnection of the EU Regulations Brussels I Recast and Rome I by : Christoph Schmon
Download or read book The Interconnection of the EU Regulations Brussels I Recast and Rome I written by Christoph Schmon and published by Springer Nature. This book was released on 2020-03-17 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the interconnection between the Brussels I Recast and Rome I Regulations and addresses the question of uniform interpretation. A consistent understanding of scope and provisions is suggested by the preamble of the Rome I Regulation. Without doubt, it is fair to presume that the same terms bear the same meaning throughout the Regulations. The author takes a closer look at the Regulations’ systems, guiding principles, and their balance of flexibility and legal certainty. He starts from the premise that such analysis should prove particularly rewarding as both legal acts have their specific DNA: The Brussels I Recast Regulation has a procedural focus when it governs the allocation of jurisdiction and the free circulation of judgments. The multilateral rules under the Rome I Regulation, by contrast, are animated by conflict of laws methods and focus on the delimitation of legal systems. This fourth volume in the Short Studies in Private International Law Series is primarily aimed at legal academics in private international law and advanced students. But it should also prove an intriguing read for legal practitioners in international litigation. Christoph Schmon is a legal expert in the fields of Private International Law, Consumer Law, and Digital Rights. After serving in research positions at academic institutes in Vienna and London, he focused on EU policy and law making. He is appointed expert of advisory groups to the EU Commission.
Book Synopsis European Integration, Processes of Change and the National Experience by : S. Börner
Download or read book European Integration, Processes of Change and the National Experience written by S. Börner and published by Springer. This book was released on 2015-06-02 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to better understand processes of European integration, this book offers a new perspective that compares past experiences of change to current transitional moments at the European level. It addresses key questions about European society, EU integration and social change to reveal the social construction of emergent polities and societies.
Book Synopsis The Coherence of EU Law by : Sacha Prechal
Download or read book The Coherence of EU Law written by Sacha Prechal and published by Oxford Studies in European Law. This book was released on 2008 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.
