The Foundations of European Transnational Private Law
The Foundations of European Transnational Private Law

Author: Anna Beckers

Publisher: Bloomsbury Publishing

Published: 2024-05-30

Total Pages: 428

ISBN-13: 150996293X

DOWNLOAD EBOOK

Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.

A Conceptual Analysis of European Private International Law
A Conceptual Analysis of European Private International Law

Author: Felix M. Wilke

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781780686905

DOWNLOAD EBOOK

This book systematically and exhaustively analyses existing PIL rules and issues in EU and national legislation, covering all EU Member States in the process. It then demonstrates that the characteristics of PIL themselves imply a framework for 'general issues' - independently from language, codification or underlying legal tradition.

The Constitutional Foundations of European Contract Law
The Constitutional Foundations of European Contract Law

Author: Kathleen Gutman

Publisher: Oxford University Press, USA

Published: 2014-03

Total Pages: 561

ISBN-13: 0199698309

DOWNLOAD EBOOK

Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.

The European Union under Transnational Law
The European Union under Transnational Law

Author: Matej Avbelj

Publisher: Bloomsbury Publishing

Published: 2018-01-11

Total Pages: 187

ISBN-13: 1509911510

DOWNLOAD EBOOK

For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law. This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.

EU Private Law
EU Private Law

Author: Jürgen Basedow

Publisher:

Published: 2021-04-28

Total Pages: 780

ISBN-13: 9781839701214

DOWNLOAD EBOOK

The book deals with the impact of EU law on private relations. While EU law has principally developed through vertical relations of the Union and its Member States with private persons, its foundations, principles and enforcement mechanisms are increasingly affecting the growing body of EU law governing horizontal relations between individuals and undertakings. The results are sometimes unexpected and sometimes inappropriate.

The Foundations of European Private Law
The Foundations of European Private Law

Author: Roger Brownsword

Publisher: Bloomsbury Publishing

Published: 2011-09-19

Total Pages: 648

ISBN-13: 1847318339

DOWNLOAD EBOOK

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.

Principles, Definitions and Model Rules of European Private Law
Principles, Definitions and Model Rules of European Private Law

Author: Study Group on a European Civil Code

Publisher: sellier. european law publ.

Published: 2008

Total Pages: 406

ISBN-13: 3866530595

DOWNLOAD EBOOK

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Comparative Foundations of a European Law of Set-Off and Prescription
Comparative Foundations of a European Law of Set-Off and Prescription

Author: Reinhard Zimmermann

Publisher: Cambridge University Press

Published: 2002-06-27

Total Pages: 196

ISBN-13: 1139434624

DOWNLOAD EBOOK

The emergence of a European private law is one of the great issues on the legal agenda of our time. Among the most prominent initiatives furthering this process is the work of the Commission on European Contract Law. The essays collected in this 2002 volume have their origin within this context. They explore two practically very important topics which had hitherto been largely neglected in comparative legal literature: set-off and 'extinctive' prescription (or limitation of actions). Professor Zimmermann lays the comparative foundations for a common approach which may provide the basis for a set of European principles. At the same time, the essays provide practical examples of the arguments that can be employed in the process of harmonising European private law on a rational basis. They explore topics such as the comparative experiences in the various modern legal systems and the direction in which the international development is heading.

Fundamentals of Roman Private Law
Fundamentals of Roman Private Law

Author: George Mousourakis

Publisher: Springer Science & Business Media

Published: 2012-07-03

Total Pages: 379

ISBN-13: 3642293115

DOWNLOAD EBOOK

Roman law forms a vital part of the intellectual background of many legal systems currently in force in Continental Europe, Latin America, East Asia and other parts of the world. Knowledge of Roman law, therefore, constitutes an essential component of a sound legal education as well as the education of the student of history. This book begins with a historical introduction, which traces the evolution of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. Then follows an exposition of the principal institutions of Roman private law: the body of rules and principles relating to individuals in Roman society and regulating their personal and proprietary relationships. In this part of the book special attention is given to the Roman law of things, which forged the foundations for much of the modern law of property and obligations in European legal systems. Combining a law specialist's informed perspective with a historical and cultural focus, the book provides an accessible source of reference for students and researchers in many diverse fields of legal and historical learning.

New Private Law Theory
New Private Law Theory

Author: Stefan Grundmann

Publisher: Cambridge University Press

Published: 2021-03-18

Total Pages: 553

ISBN-13: 1108486509

DOWNLOAD EBOOK

New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.