Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Lowe legislation jp
Sealy millman 2018 jp
Desmith out now
Uk supremem 1 8
Williams published
Luba housing

UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual credit cards will not be charged until the order is processed and ready to despatch.

Any Sweet & Maxwell or Lexis eBook orders placed after 4pm on the Friday 25th May will not be processed until Tuesday May 29th. UK orders for other publishers will be processed as normal. All non-UK eBook orders will be processed on Tuesday May 29th.

Hide this message

The Development of European Private Law in a Multilevel Legal Order


ISBN13: 9781780683676
Published: May 2016
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £119.00



Usually despatched in 1 to 3 weeks.

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. It 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.

Subjects:
European Jurisdictions
Contents:
Introduction (p.
1)
Predictability, Consistency, Accessibility and Responsiveness (p.
27)
Studying Interdependence in the Law on STCs (p.
57)
The Development of the Law on Allgemeine Geschäftsbedingungen (p.
69)
The Development of the Law on Algemene Voorwaarden (p.
191)
Multilevel Governance and Pluralist Perspectives on the Development of the Law on STGs and European Private Law (p.
303)
Actors Developing Private Law in the German Legal Order (p.
325)
Actors Developing Private Law in the Dutch Legal Order (p.
415)
The Use of National Techniques in the Development of European Private Law (p.
491)
The Use of Additional and Alternative Techniques (p.
533)
Conclusions (p.
601)
Bibliography (p.
625)