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Vol 23 No 5 May/June 2018

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Fundamental Rights and Private Law in the European Union 2 Volume Set

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Edited by: Gert Brüggemeier, Aurelia Colombi Ciacchi, Giovanni Comandé

ISBN13: 9780521196338
Published: April 2010
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback, 2 volumes
Price: £206.00

Despatched in 3 to 5 days.

This two-volume comparative study, carried out by the Research Training Network on Fundamental Rights and Private Law in the European Union, offers an overview of the doctrines and case law on the direct or indirect application of a fundamental right, for example a national constitutional right or an international human right, in order to solve a dispute between private parties in England, France, Germany, Italy, the Netherlands, Poland, Portugal, Spain and Sweden. Volume I contains national reports for each country, preceded by a brief introduction explaining the project terminology and methodology and followed by a comparative chapter. A contribution on the horizontal effect of fundamental rights and freedoms in EU law is also included. Volume II includes ten comparative analyses of selected case patterns in contract, tort, property and family law, which have been adjudicated with reference to fundamental rights in many or at least some of these countries.

  • Overview of the different ways in which ten specific private law case patterns are regulated and adjudicated in nine European countries gives readers practical and theoretical information about the different solutions
  • Summaries of each of the ten essays allow reader to recognise the distinctive features of single national solutions to problems
  • Final observations help reader understand specific private law issues in a wide comparative perspective

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Other Jurisdictions
Volume I
Part I. Introduction
Fundamental rights and private law in the European Union: concepts and methodology of a research project Gert Bruggemeier, Aurelia Colombi Ciacchi and Giovanni Comande
Part II. National Reports
1. England
2. The horizontal effect of fundamental rights and freedoms in European Union law
3. France
4. Germany
5. Italy
6. Poland
7. Portugal
8. Spain
9. Sweden
10. The Netherlands
Part III. Comparative Remarks
11. Introduction: some methodological premises
12. Fundamental rights
13. Fundamental rights, private law and legal theory
14. Fundamental rights adjudication in private law
15. Some tentative conclusions on fundamental rights and European private law. Volume II: Introduction Gert Bruggemeier and Aurelia Colombi Ciacchi
Part I. Contract
1. The impact of fundamental rights on the content of contracts: determining limits to freedom of contract in family and employment relations Chiara Perfumi and Chantal Mak
2. Contractual duties of care, confidence and cooperation in the context of fundamental rights and constitutional principles Maria Gagliardi and Anna Sukhova
Part II. Tort
3. Mapping out a right to privacy in tort law Patrick O'Callaghan and Joanna Krzeminska-Vamvaka
4. Non-pecuniary damages: how fundamental rights shake traditional barriers Sabine Wunsch and Francesco Panetti
5. Claims for non-pecuniary losses by 'third persons' upon death and injury Agnieszka Janczuk and Maria Manuel Veloso Gomes
6. 'Wrongful life' claims and the absolute value of human life - a contradiction? Christoph Herrmann and Gisela Kern
Part III. Property
7. Private property, public access and the access to information - a comparative analysis Jana Gajdosova and Stathis Banakas
8. Action against emissions: fundamental rights and the extension of the right to sue in private nuisance to non-owners Maria Dolores Sanchez Galera and Judith Zehetner
Part IV. Family
9. Different legal treatment of married and unmarried couples in the European Union Chiara Favilli and Nuno Ferreira
10. 'Mater Semper Certa Est, Pater Numquam.' The use of biological testing in disputed paternity cases Carol Forrest and Teresa Russo
11. Concluding remarks Aurelia Colombi Ciacchi.