New Directions In European Private Law

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New Directions in European Private Law

Author : Takis Tridimas
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935630
Total Pages : 264 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis New Directions in European Private Law by : Takis Tridimas

Download or read book New Directions in European Private Law written by Takis Tridimas and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 264 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.

New Directions in European Private Law

Author : Takis Tridimas
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935622
Total Pages : 355 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis New Directions in European Private Law by : Takis Tridimas

Download or read book New Directions in European Private Law written by Takis Tridimas and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 355 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.

New Directions in European Community Law

Author : Francis G. Snyder
Publisher : Northwestern University Press
ISBN 13 : 9780297820314
Total Pages : 181 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis New Directions in European Community Law by : Francis G. Snyder

Download or read book New Directions in European Community Law written by Francis G. Snyder and published by Northwestern University Press. This book was released on 1990-01-01 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Directions in European Public Law

Author : Jack Beatson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313337
Total Pages : 214 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis New Directions in European Public Law by : Jack Beatson

Download or read book New Directions in European Public Law written by Jack Beatson and published by Bloomsbury Publishing. This book was released on 1998-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.

New Directions in Comparative Law

Author : Antonina Bakardjieva Engelbrekt
Publisher : Edward Elgar Publishing
ISBN 13 : 1849803218
Total Pages : 303 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis New Directions in Comparative Law by : Antonina Bakardjieva Engelbrekt

Download or read book New Directions in Comparative Law written by Antonina Bakardjieva Engelbrekt and published by Edward Elgar Publishing. This book was released on 2009 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This in-depth book explores the changing role of comparative law in an era of Europeanisation and globalisation. It explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state. The book combines both theoretical and practically oriented contributions in the areas of law and development, comparative constitutional law, as well as comparative private and economic law. It offers a plurality of perspectives on the theory and methods of comparative law as a legal discipline, but also on comparative law when concretely applied in projects of legal aid, harmonisation of law and legal reform. Offering a multi-disciplinary perspective, this book will appeal to researchers and policymakers in international organisations. It will also serve as a valuable resource for advanced level courses on comparative law, and on law reform and legal aid.

The Making of European Private Law

Author : J. M. Smits
Publisher : Intersentia nv
ISBN 13 : 9050951910
Total Pages : 322 pages
Book Rating : 4.0/5 (59 download)

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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.

New Directions in European Public Law

Author : J. Beatson
Publisher :
ISBN 13 : 9781472558756
Total Pages : 198 pages
Book Rating : 4.5/5 (587 download)

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Book Synopsis New Directions in European Public Law by : J. Beatson

Download or read book New Directions in European Public Law written by J. Beatson and published by . This book was released on 1998 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven

European Private Law - Current Status and Perspectives

Author : Reiner Schulze
Publisher : Walter de Gruyter
ISBN 13 : 3866539339
Total Pages : 289 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis European Private Law - Current Status and Perspectives by : Reiner Schulze

Download or read book European Private Law - Current Status and Perspectives written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2011-03-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business law and labour law are driving forces and core areas of European private law. New concepts and approaches are thus required that are not limited to civil law and that are different from those traditionally embraced by national private law. These new challenges regarding the current status and perspectives of European private law are discussed in this volume by sixteen highly reputed researchers from across Europe. The contributions concern various areas of European private law, including contract, property, company, competition and labour law. This book will be an invaluable source for all those working on European law and private law within Europe.

Evolution of Private Law

Author : Adam Talanda
Publisher : Instytut Prawa Gospodarczego Sp. z o.o.
ISBN 13 : 8366922189
Total Pages : 221 pages
Book Rating : 4.3/5 (669 download)

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Book Synopsis Evolution of Private Law by : Adam Talanda

Download or read book Evolution of Private Law written by Adam Talanda and published by Instytut Prawa Gospodarczego Sp. z o.o.. This book was released on 2023-10-13 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once again, we are pleased to present this book which is the result of the conference held in Katowice in 2022 and the effect of the international cooperation between the Research Group of the Commercial Law acting at the Faculty of Law and Administration of the University of Silesia in Katowice and representatives of foreign university departments of private law from the Czech Republic, Slovakia, and Ukraine. The publication is the continuation of the international cooperation that began in 2014. The idea of the sixth collective publication was to analyze the directions of legislative changes in the field of private law in individual countries. In this edition, the entire publication consists of fourteen articles devoted to the issues of company law, commercial contract law, including the development contract, capital market issues, and bankruptcy law. This publication is dedicated primarily to civil and commercial law academics, but it also addresses the issues relevant to legal practice. The presented papers may, to a large extent, constitute material for comparative research.

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

Author : Martijn Hesselink
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119620
Total Pages : 290 pages
Book Rating : 4.0/5 (411 download)

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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.

Pluralism and European Private Law

Author : Leone Niglia
Publisher :
ISBN 13 : 9781472566348
Total Pages : 277 pages
Book Rating : 4.5/5 (663 download)

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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 . This book was released on 2013 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private law has tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law, visibly adopts pluralist perspectives. This book bridges the gap between 'public' and 'private' law by looking at European private law from various pluralist positions.

The Foundations of European Private Law

Author : Roger Brownsword
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317901
Total Pages : 499 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 499 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.

The Development of European Private Law in a Multilevel Legal Order

Author : Esther van Schagen
Publisher :
ISBN 13 : 9781780687247
Total Pages : 659 pages
Book Rating : 4.6/5 (872 download)

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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."--

The Future of European Private Law

Author : André Janssen
Publisher :
ISBN 13 : 9783748913078
Total Pages : 0 pages
Book Rating : 4.9/5 (13 download)

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Book Synopsis The Future of European Private Law by : André Janssen

Download or read book The Future of European Private Law written by André Janssen and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Directions in the Effective Enforcement of EU Law and Policy

Author : Sara Drake
Publisher :
ISBN 13 : 9781784718688
Total Pages : 0 pages
Book Rating : 4.7/5 (186 download)

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Book Synopsis New Directions in the Effective Enforcement of EU Law and Policy by : Sara Drake

Download or read book New Directions in the Effective Enforcement of EU Law and Policy written by Sara Drake and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralised enforcement. The contributors evaluate the traditional 'dual vigilance' framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy. Contributors: E. Baker, P. Cortés, S. Drake, M. Eliantonio, M. Hobolth, M. Lottini, D.S. Martinsen, R. Murphy, C. Petrucci, J. Polak, M. Smith, J. Van der Heijden, E. Versluis

Swedish Perspectives on Private Law Europeanisation

Author : Annina H Persson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900950
Total Pages : 216 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Swedish Perspectives on Private Law Europeanisation by : Annina H Persson

Download or read book Swedish Perspectives on Private Law Europeanisation written by Annina H Persson and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the European integration, an ambitious programme of harmonisation of European private law is taking place. This new edition in the Swedish Studies in European Law series, the work of both legal scholars and politicians, aims to create a modern codification in the tradition of the great continental codifications such as the BGB and the Code Civil. A significant step towards this development was taken in 2009 with the creation of the Draft Common Frame of Reference which contains model rules for a large part of central private law. The process raises a number of questions. What are the advantages and disadvantages of such an intensive process of harmonisation? Are there lessons to be learnt from the Europeanisation of private law through history? Are there any further steps which have been taken in order to create a European private law? What is the future of European private law? These crucial questions were discussed at a conference in Stockholm, sponsored by the Swedish Network of European Legal Studies. This important volume includes the answers offered by leading scholars in the field.

European Private Law After the Common Frame of Reference

Author : Hans W. Micklitz
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805393
Total Pages : 279 pages
Book Rating : 4.8/5 (498 download)

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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.