The institutional framework of European private law
Author(s)
Bibliographic Information
The institutional framework of European private law
(Collected courses of the Academy of European Law = Recueil des cours de l'Académie de droit européen, v. 15/2)
Oxford University Press, 2006
Available at 19 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
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  United States of America
Note
Includes bibliographical references and index
Contents of Works
- Introduction / Fabrizio Cafaggi
- Bringing (private) laws closer to each other at the European level / Walter van Gerven
- European private law and the constitutional dimension / Stephen Weatherill
- Integration and diversity : the conflict of laws as a regulatory tool / Horatia Muir Watt
- Law at, to, or from the centre? : the European Court of Justice and the harmonization of private law in the European Union / Angus Johnston and Hannes Unberath
- A coordinated approach to regulation and civil liability in European law : rethinking institutional complementarities / Fabrizio Cafaggi
- Consumer law, competition law, and the Europeanization of private law / Albertina Albors-Llorens
- Transformation of contract law and civil justice in the new EU member countries : the example of the Baltic states, Hungary and Poland / Norbert Reich
Description and Table of Contents
Description
This volume explores the relationship between constitutional and regulatory questions on the one hand, and private law on the other hand, examining how European private law has developed under the influence of regional legal traditions and the EU acquis communautaire. It focuses on the multiple actors and institutions that today contribute to legal and cultural integration within a multi-level framework, involving Member States and subnational actors
together with EU Institutions. It underlines the different roles of legislators, regulators and judges in building an integrated market which is consistent with fundamental rights and social policies. It also highlights the principles and institutions that may preserve national legal identities in the context of
European legal and political integration, striking a difficult balance between harmonization and differentiation.
Within this framework the volume questions the current boundaries of European private laws and proposes a coordinated perspective which examines competition, regulation and private law alike. The book focuses in particular on competition and consumer law, and on tort and regulation. Attention is also drawn to the strategic role to be played by private international law. It is argued that the distinction between private and public law should be redefined by acknowledging a new balance between
public institutions and private parties.
The collection contains several proposals for furthering the process of Europeanization of private law without losing the richness of existing western legal traditions as they have developed in previous centuries. It calls on European and national institutions to involve practitioners in devising new patterns of legal integration and in transforming European legal education.
This book is an original contribution to the scholarly and policy debates about the desirability and modes of Europeanization of private law, in a context in which the pressures of globalization and of national identities seem to question the chosen path of integration.
Table of Contents
- Introduction
- European Private Law and the Constitutional Dimension
- Integration and Diversity: the Conflict of Laws as a Regulatory Tool
- Bringing (Private) Laws Closer to Each Other at the European Level
- Law at, to or from the Centre? The European Court of Justice and the Harmonization of Private Law in the European Union
- Transformation of Contract Law and Civil Justice in the New EU Member Countries
- A Coordinated Approach to Regulation and Civil Liability in European Law: Rethinking Institutional Complementarities
- Consumer Law, Competition Law and the Europeanization of Private Law
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