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Private Law and the Many Cultures of Europe

Author: Thomas Wilhelmsson

Publisher:

Published: 2007

Total Pages: 0

ISBN-13: 9789041125934

The continuing headlong increase in cross-border legal issues of all kinds raises a host of new issues for private law even as it reconfigures the old issues, both in theory and in practice. In an effort to identify trends and consolidate what weand’ve learned in this important area, outstanding legal scholars from nine European countries (plus Australia) convened at the University of Helsinki in August 2006. This volume reproduces, in definitive English texts, twenty-two of the papers presented at that conference. The issues addressed cluster around four basic questions: To what extent does the multiculturalism of the European Union hamper the development of common private law rules? Which rules that are specific for a particular state/region/culture need to be preserved? To what extent can localism be met with variations in the application of common provisions? What problems for the common rules are posed by the fact that they are to be implemented in a multilingual society? While overarching concerns such as social justice, harmonization, culture, and diversity pervade all the essays, such crucial practical considerations as legal translation and regulation of advertising are not neglected. The book will be welcomed by academics in the various fields of private law everywhere, and will also be of uncommon interest to practitioners in commercial and company law and to policymakers in many areas of government regulation. The conference was organized by the PriME (Private Law in a Multicultural and Multilingual European Society) research project at the Department of Private Law and the Institute of International Economic Law (KATTI) at the University of Helsinki.

European Private Law

Author: Mauro Bussani

Publisher: Carolina Academic Press

Published: 2009

Total Pages: 0

ISBN-13: 9781594605550

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This handbook provides reliable information on private law in an increasingly integrated Europe. It contains a collection of specially commissioned essays, including contributions on: corporation law, trust, law of sales, competition law, products liability, personal injuries law, limitation periods, the harmonization of European private law, and more. The essays are designed not only to offer a comprehensive overview of the different topics, but also to display and provoke lively and controversial debate. The handbook addresses some issues that appear to be both growing in momentum and largely overlooked by contemporary literature, namely a) the need to examine current and possible future developments in European private law institutions and issues affecting the legal lives of private, business, and public actors; b) the opportunity to fill a gap in the comparative literature through a concise reference book, which offers quick and easy access to the most relevant legal issues; and c) the cultural debate as to what European private law is and could be, rather than what it ought to be. It follows that the handbook is not meant to simply describe substantive law, but instead to "compare" private law institutions and cultures.

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.

Published: 2002-10-16

Total Pages: 290

ISBN-13: 9041119620

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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.

The Making of European Private Law

Author: J. M. Smits

Publisher: Intersentia nv

Published: 2002

Total Pages: 322

ISBN-13: 9050951910

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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.

European Private International Law

Author: Geert van Calster

Publisher: Bloomsbury Publishing

Published: 2021-01-14

Total Pages: 531

ISBN-13: 1509942084

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This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.

Immoral Contracts in Europe

Author: Aurelia Colombi Ciacchi

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9781839700101

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This book brings together a group of renowned contract lawyers to analyse how their own legal systems deal with twelve cases of morally dubious agreements. It explores questions of validity, enforceability and the availability of remedies, while offering crucial insights into the divergences and converges between different European legal systems.

The Common Core of European Private Law:Essays on the Project

Author: Mauro Bussani

Publisher: Springer

Published: 2003

Total Pages: 248

ISBN-13:

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Papers originally presented at meetings of the Common Core of European Private Law Project.

Nationalism and Private Law in Europe

Author: Guido Comparato

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 334

ISBN-13: 1782253866

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While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.

A Common Law for Europe

Author: Gian Antonio Benacchio

Publisher: Central European University Press

Published: 2005-01-01

Total Pages: 331

ISBN-13: 9637326367

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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 Many Concepts of Social Justice in European Private Law

Author: H. W. Micklitz

Publisher: Edward Elgar Publishing

Published: 2011-11-01

Total Pages: 489

ISBN-13: 0857935895

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'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.