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The Foundations of European Private Law

Edited by: Roger Brownsword, Hans-W Micklitz, Leone Niglia, Steve Weatherill

ISBN13: 9781849460651
Published: September 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £110.00



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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 papers 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 papers by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as papers 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 papers 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.

Subjects:
Contract Law, Comparative Law, Tort Law, EU Law
Contents:
PART ONE: THEORETICAL FOUNDATIONS
1. Editorial Introduction
Roger Brownsword
2. 'Restatements' in Europe and the US: Some Comparative Lessons
Hans Schulte-Nölke
3. Dogmatising Non-legislative Codifications: Non-legislative Reference Texts in European Legal Discourse
Nils Janse
4. If You Don't Like Our Principles We Have Others: On Core Values and Underlying Principles in European Private Law: A Critical Discussion of the New 'Principles' Section in the Draft Common Frame of Reference
Martijn Hesselink
5. The Need for Codified Guiding Principles and Model Rules in European Contract Law
Bénédicte Fauvarque-Cosson
6. Old and New Insights for the Protection of Consumers in European Private Law in the Wake of the Global Economic Crisis
Brigitta Lurger
7. The Economics of Private Law Harmonised Law-making: Mechanisms, Modes and Standards
Fernando Gomez and Juan-José Ganuza
8. Of Islands and the Ocean: The Two Rationalities of European Private Law
Ralf Michaels
9. The Theoretical Foundations of European Private Law: A Time to Stand and Stare
Roger Brownsword
PART TWO: POLITICAL FOUNDATIONS
10. The Political Foundations of European Private Law: Editorial Introduction
Leone Niglia
11. A Transnational Genealogy of Proportionality in Private Law
Duncan Kennedy
12. Balancing in Private Law and the Imperatives of the Public Interest: National Experiences and (Missed?) European Opportunities
Norbert Reich
13. New Paths of Private Law
Guido Alpa
14. Political Foundations of European Private Law: Rethinking the East–West Division Lines
Marek Safjan and Aneta Wiewiórowska-Domagalska
15. The Impact of the Harmonisation of Private Law on the Reform of Civil Law in the New Member States
Paul Varul
16. European Private Law: Political Foundations and Current Challenges
Reiner Schulze
17. Of Jurisdictional Balancing in European Private Law
Leone Niglia
PART THREE: MULTI-LEVEL STRUCTURE OF PRIVATE LAW
18. The Multi-level Structure of Private Law: Editorial Introduction
Stephen Weatherill
19. Plurality of Sources in European Private Law, or: How to Live With Legal Diversity?
Jan M Smits
20. Private Law in a Federal Perspective.
Walter van Gerven
21. European Private Law: Unification, Harmonisation or Coordination?
Kåre Lilleholt
22. Top-Down or Bottom-Up? A Look at the Unification of Private Law in Federal Systems
Mathias Reimann and Daniel Halberstam
23. The Foundations of Private Law in a Multi-level Structure: Balancing, Distribution of Law-making Power and other Constitutional Issues
Matthias E Storme
24. A New Role for Private International and Procedural Law in European Integration? A Critical Comment
Lubos Tichý
PART FOUR: ENFORCEMENT AND COMPLIANCE
25. Enforcement and Compliance: Editorial Introduction
Hans-W Micklitz
26. A Critical Note on Two EU Principles: A Proceduralist View on the Draft Common Frame of Reference (DCFR)
Ianika Tzankova and Martin Gramatikov
27. Public and Private Enforcement: The Practical Implications for Policy Architecture
Christopher Hodges
28. The Hybrid Quality of European Private Law
Hugh Collins
29. 'DCFR, Please Meet National Procedure': Enforcing the Frame of Reference using National Procedural Law
Johan Lindholm
30. Individual Private Enforcement of Consumer Rights in Civil Courts in Europe
Marco Loos
31. Enforcement and Compliance: An EU Law Perspective
Jules Stuyck
32. From 'Toolbox' to Academic Standard:– The Current and Future Status of the Draft Common Frame of Reference
Ewoud Hondius
33. A Need for a New Structure for European Private Law
Frydryk Zoll
34. Administrative Enforcement of European Private Law
Hans-W Micklitz