The Structural Transformation of European Private Law

The Structural Transformation of European Private Law

Author: Leone Niglia

Publisher: Bloomsbury Publishing

Published: 2023-06-15

Total Pages: 205

ISBN-13: 1509925260

DOWNLOAD EBOOK

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.


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.


The Transformation of Europe

The Transformation of Europe

Author: Miguel Poiares Maduro

Publisher: Cambridge University Press

Published: 2017-09-28

Total Pages: 383

ISBN-13: 1107157943

DOWNLOAD EBOOK

This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.


The European Convention on Human Rights and Private Law

The European Convention on Human Rights and Private Law

Author: Mateja Durovic

Publisher: Bloomsbury Publishing

Published: 2024-11-14

Total Pages: 283

ISBN-13: 150995810X

DOWNLOAD EBOOK

In this book a team of expert contributors address challenging issues concerning the relationship between private law and the rule of law and human rights, with specific focus on case studies from South-Eastern Europe. The book examines the broadening application of human rights to the private law fields and the resulting effects. Contributors offer a truly interdisciplinary perspective drawn from comparative law, civil law, procedural law and public law. By so doing, for the first time, they offer insights into the fascinating questions the region poses for private law and human rights.


The Struggle for European Private Law

The Struggle for European Private Law

Author: Leone Niglia

Publisher: Bloomsbury Publishing

Published: 2015-03-26

Total Pages: 326

ISBN-13: 1782253114

DOWNLOAD EBOOK

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.


The Oxford Handbook of Structural Transformation

The Oxford Handbook of Structural Transformation

Author: Célestin Monga

Publisher:

Published: 2019

Total Pages: 741

ISBN-13: 0198793847

DOWNLOAD EBOOK

This Oxford Handbook provides a critical assessment of the history, patterns, and strategies of economic transformation. It deals with major themes including policy issues, illuminating country experiences, and important debates on the respective roles of the market and the state.


The Influence of Human Rights and Basic Rights in Private Law

The Influence of Human Rights and Basic Rights in Private Law

Author: Verica Trstenjak

Publisher: Springer

Published: 2015-12-16

Total Pages: 596

ISBN-13: 3319253379

DOWNLOAD EBOOK

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.


The Individual in the International Legal System

The Individual in the International Legal System

Author: Kate Parlett

Publisher: Cambridge University Press

Published: 2011-04-14

Total Pages: 463

ISBN-13: 1139499971

DOWNLOAD EBOOK

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.


The Structural Transformation of European Private Law

The Structural Transformation of European Private Law

Author: Leone Niglia

Publisher: Bloomsbury Publishing

Published: 2023-06-15

Total Pages: 205

ISBN-13: 1509925279

DOWNLOAD EBOOK

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.


The Oxford Handbook of European Legal History

The Oxford Handbook of European Legal History

Author: Heikki Pihlajamäki

Publisher: Oxford University Press

Published: 2018-06-28

Total Pages: 1217

ISBN-13: 0191088374

DOWNLOAD EBOOK

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.