The Structural Transformation Of European Private Law

Author : Leone Niglia
Publisher : Bloomsbury Publishing
ISBN 13 : 1509925260
Total Pages : 205 pages
Book Rating : 4.61/5 ( download)

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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.

Author : Roger Brownsword
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317901
Total Pages : 499 pages
Book Rating : 4.02/5 ( download)

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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.

Author : Martijn Hesselink
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119620
Total Pages : 290 pages
Book Rating : 4.29/5 ( download)

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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.

Author : Leone Niglia
Publisher : Bloomsbury Publishing
ISBN 13 : 1509925279
Total Pages : 205 pages
Book Rating : 4.78/5 ( download)

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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.

Author : Fabrizio Cafaggi
Publisher : Edward Elgar Publishing
ISBN 13 : 1848441274
Total Pages : 369 pages
Book Rating : 4.79/5 ( download)

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Download or read book Making European Private Law written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.

Author : J. M. Smits
Publisher : Intersentia nv
ISBN 13 : 9050951910
Total Pages : 322 pages
Book Rating : 4.13/5 ( download)

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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.

Author : Fabrizio Cafaggi
Publisher : Edward Elgar Publishing
ISBN 13 : 1848447264
Total Pages : 377 pages
Book Rating : 4.64/5 ( download)

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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.

Author : Ivan Sammut
Publisher : Cambridge Scholars Publishing
ISBN 13 : 144389995X
Total Pages : 365 pages
Book Rating : 4.56/5 ( download)

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Download or read book Constructing Modern European Private Law written by Ivan Sammut and published by Cambridge Scholars Publishing. This book was released on 2016-09-23 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.

Author : Esther van Schagen
Publisher :
ISBN 13 : 9781780683676
Total Pages : 0 pages
Book Rating : 4.77/5 ( download)

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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 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using insights from multilevel governance and pluralism, this book provides an in-depth 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. (Series: Ius Commune Europaeum, Vol. 144) Subject: European Law, Private Law]

Author : Leone Niglia
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253114
Total Pages : 326 pages
Book Rating : 4.12/5 ( download)

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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 326 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.