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Les frontières du droit privé européen / The Boundaries of European Private Law

Author : Elise Poillot
Publisher : Primento
ISBN 13 : 2804459926
Total Pages : 292 pages
Book Rating : 4.8/5 (44 download)

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Book Synopsis Les frontières du droit privé européen / The Boundaries of European Private Law by : Elise Poillot

Download or read book Les frontières du droit privé européen / The Boundaries of European Private Law written by Elise Poillot and published by Primento. This book was released on 2012-10-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situé au confluent de plusieurs logiques d’intégration, le droit privé européen déplace les frontières juridiques, que ces frontières soient spatiales ou matérielles. Son développement s’accompagne en outre d’une évolution des méthodes appliquées au droit. Le présent ouvrage analyse ces transformations. Le degré d’européanisation du droit privé est variable selon le secteur envisagé. Discuter des frontières du droit privé européen conduit dès lors à discuter des objectifs, des obstacles et des limites de cette européanisation, tout en soulignant la relativité même de la frontière entre droit public et droit privé. ---- European private law results from the continuous interaction between different integration processes. Its expanding scope redraws the shape of many legal boundaries, be they substantive or territorial, and along with these evolutions come mutations in legal regulation. This book considers these phenomena by successively adopting a general/methodological and a specific/disciplinary approach. The degree of Europeanisation varies depending on the legal field involved. To discuss the boundaries of European Private Law leads therefore to discuss the objectives, obstacles and limits to Europeanisation. It also underscores the relativity of the (continental) boundary between public and private law.

Boundaries of European Private International Law

Author : Jean-Sylvestre Bergé
Publisher : Primento
ISBN 13 : 2802751646
Total Pages : 747 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Boundaries of European Private International Law by : Jean-Sylvestre Bergé

Download or read book Boundaries of European Private International Law written by Jean-Sylvestre Bergé and published by Primento. This book was released on 2015-04-22 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).

Multijuralism

Author : Albert Breton
Publisher : Routledge
ISBN 13 : 1351152866
Total Pages : 205 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Multijuralism by : Albert Breton

Download or read book Multijuralism written by Albert Breton and published by Routledge. This book was released on 2017-11-28 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the external events which are not part of the processes of multijural adjustment but which serve to influence these processes. Included among these important external events are European integration, the growing importance accorded to human rights, the international practice of law, the growth of the Internet, the globalization of markets and the flow of immigrants. This volume represents some of the most current thinking in the area of multijuralism and is essential reading for anyone interested in the coexistence of legal systems or sub-systems.

A Common Law for Europe

Author : Gian Antonio Benacchio
Publisher : Central European University Press
ISBN 13 : 9637326367
Total Pages : 331 pages
Book Rating : 4.6/5 (373 download)

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Book Synopsis A Common Law for Europe by : Gian Antonio Benacchio

Download or read book A Common Law for Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

The Regulatory Function of European Private Law

Author : Fabrizio Cafaggi
Publisher : Edward Elgar Publishing
ISBN 13 : 1848447264
Total Pages : 377 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis The Regulatory Function of European Private Law by : Fabrizio Cafaggi

Download or read book The Regulatory Function of European Private Law written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In twelve topical papers, written by renowned experts in distinct areas of the law, the reader will find out how private law and private international law instruments can serve public policy goals (such as the protection of the environment, product safety or services of general economic interest) and how these instruments interact with regulation in the proper sense. A must for those who want to explore the borderline if it exists between public and private law in the EU. Jules Stuyck, Leuven University, Belgium In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration? The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars. The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.

The Foundations of European Private Law

Author : Roger Brownsword
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317901
Total Pages : 491 pages
Book Rating : 4.8/5 (473 download)

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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 491 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.

Author :
Publisher : Editions Bréal
ISBN 13 : 2749525780
Total Pages : 241 pages
Book Rating : 4.7/5 (495 download)

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Book Synopsis by :

Download or read book written by and published by Editions Bréal. This book was released on with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Constitutional Foundations of European Contract Law

Author : Kathleen Gutman
Publisher : OUP Oxford
ISBN 13 : 0191025488
Total Pages : 677 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Constitutional Foundations of European Contract Law by : Kathleen Gutman

Download or read book The Constitutional Foundations of European Contract Law written by Kathleen Gutman and published by OUP Oxford. This book was released on 2014-12-18 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.

Customary Law Today

Author : Laurent Mayali
Publisher : Springer
ISBN 13 : 3319733621
Total Pages : 345 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Customary Law Today by : Laurent Mayali

Download or read book Customary Law Today written by Laurent Mayali and published by Springer. This book was released on 2018-06-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory law, but to complement it with customary observations.

La dimension sociale du droit international privé

Author : A. Bucher
Publisher : BRILL
ISBN 13 : 9004249923
Total Pages : 552 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis La dimension sociale du droit international privé by : A. Bucher

Download or read book La dimension sociale du droit international privé written by A. Bucher and published by BRILL. This book was released on 2011-04-25 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce cours apporte la cohérence au pluralisme des méthodes, dans une perspective qui tient compte des intérêts de la société. Les règles de conflit de lois sont présentées dans une nouvelle structure, exhaustive, permettant de définir la place des règles unilatérales et bilatérales et des lois de police et d’y intégrer le droit de l’Union européenne. On distinguera ainsi entre les règles attributives, matérielles et réceptives de conflit de lois. Le lecteur emportera le message que les « mécanismes », la « proximité », l’« harmonie des solutions », la « coopération » et tant d’autres « techniques » en droit international privé doivent être remplies d’une idée de justice sans laquelle elles n’ont pas de mérite. Cette justice met en valeur l’identité et la protection de la personne à travers les ordres juridiques. Le regard sur cette idée sera le meilleur guide dans l’étude des règles et des méthodes du droit international privé.

Stateless Law

Author : Helge Dedek
Publisher : Routledge
ISBN 13 : 1317050193
Total Pages : 432 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Stateless Law by : Helge Dedek

Download or read book Stateless Law written by Helge Dedek and published by Routledge. This book was released on 2016-03-03 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

International Courts and the Development of International Law

Author : Nerina Boschiero
Publisher : Springer Science & Business Media
ISBN 13 : 9067048941
Total Pages : 948 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis International Courts and the Development of International Law by : Nerina Boschiero

Download or read book International Courts and the Development of International Law written by Nerina Boschiero and published by Springer Science & Business Media. This book was released on 2013-03-15 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

The Harmonisation of European Contract Law

Author : Stefan Vogenauer
Publisher : Bloomsbury Publishing
ISBN 13 : 184731127X
Total Pages : 286 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Harmonisation of European Contract Law by : Stefan Vogenauer

Download or read book The Harmonisation of European Contract Law written by Stefan Vogenauer and published by Bloomsbury Publishing. This book was released on 2006-03-16 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required

Law and Justice in a Multistate World: Essays in Honor of Arthur T. von Mehren

Author : James Nafziger
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004480560
Total Pages : 900 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Law and Justice in a Multistate World: Essays in Honor of Arthur T. von Mehren by : James Nafziger

Download or read book Law and Justice in a Multistate World: Essays in Honor of Arthur T. von Mehren written by James Nafziger and published by Martinus Nijhoff Publishers. This book was released on 2022-06-08 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over half a century Arthur T. von Mehren has been a luminary in the fields of comparative law, private international law, and legal education. Here, fifty-eight of the world's leading scholars and jurists honor his work and outstanding contributions to the advance of knowledge and reform. The volume is divided into four illuminating sections: Part I: Jurisdiction & Judgment Part II: Choice of Law Part III: International Arbitration Part IV: Comparative & European Law Published under the Transnational Publishers imprint.

Civil Procedure and EU Law

Author : Eva Storskrubb
Publisher : OUP Oxford
ISBN 13 : 0199533172
Total Pages : 556 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Civil Procedure and EU Law by : Eva Storskrubb

Download or read book Civil Procedure and EU Law written by Eva Storskrubb and published by OUP Oxford. This book was released on 2008 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation - this title analyses the EU's specific legislative measures and assesses their impact on litigation procedure, particularly due process rights.

Private Law in the External Relations of the EU

Author : Marise Cremona
Publisher : Oxford University Press
ISBN 13 : 0191062006
Total Pages : 353 pages
Book Rating : 4.1/5 (91 download)

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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 2016-03-18 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.

The Method and Culture of Comparative Law

Author : Maurice Adams
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254927
Total Pages : 348 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Method and Culture of Comparative Law by : Maurice Adams

Download or read book The Method and Culture of Comparative Law written by Maurice Adams and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.