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Introduction

Fabrizio Cafaggi

in The Institutional Framework of European Private Law

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199296040
eISBN:
9780191700743
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296040.003.0001
Subject:
Law, EU Law

This book resulted from the rising need to provide complementary insights about the institutional framework in which the European private law (EPL) has been established. Although constitutional ... More


Universal Services: Nucleus for a Social European Private Law

Hans‐W Micklitz

in Market Integration and Public Services in the European Union

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199607730
eISBN:
9780191725258
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199607730.003.0003
Subject:
Law, EU Law

This chapter demonstrates that the existing EU law, primary Community law as well as the numerous pieces of secondary Community law, meant to privatize former state monopolies, produces elements of a ... More


Private Law in the External Relations of the EU

Marise Cremona and Hans-W Micklitz (eds)

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198744566
eISBN:
9780191805868
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198744566.001.0001
Subject:
Law, EU Law, Public International Law

This book explores the interaction between EU external relations law and private law. In what ways might European private law be a tool to achieve EU external regulatory objectives? In what ways ... More


The EU as a Federal Order of Competences and the Private Law

Hans-W. Micklitz

in The Question of Competence in the European Union

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198705222
eISBN:
9780191774294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198705222.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter first discusses regulatory private law in general and European regulatory private law in particular. It then uses three parameters — ‘scope’, ‘limits’, and ‘intensity’ — to examine the ... More


European Private Law and the Constitutional Dimension

Stephen Weatherill

in The Institutional Framework of European Private Law

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199296040
eISBN:
9780191700743
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296040.003.0003
Subject:
Law, EU Law

Several questions arise that concern the scope of available competence that is covered by European private law. While it is specified in Article 5(1) EC that the EC functions only within the bounds ... More


From the Nation State to the Market: The Evolution of EU Private Law as Regulation of the Economy beyond the Boundaries of the Union?

Hans Micklitz and Dennis Patterson

in The EU's Role in Global Governance: The Legal Dimension

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199659654
eISBN:
9780191748189
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199659654.003.0005
Subject:
Law, EU Law, Public International Law

This chapter demonstrates how the European Union, being understood as a market state, affects the private legal orders of the Member States and the design of the emerging European private legal ... More


The Institutional Framework of European Private Law

Fabrizio Cafaggi

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199296040
eISBN:
9780191700743
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296040.001.0001
Subject:
Law, EU Law

This book explores the relationship between constitutional and regulatory questions and private law, examining how European private law has developed under the influence of regional legal traditions ... More


Non-discrimination and the ‘Constitutionalization of Contract Law’

Mark Freedland and Matthias Lehmann

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0005
Subject:
Law, EU Law, Law of Obligations

This chapter first examines the extent to which the treatment of non-discrimination in European private law represents a ‘constitutionalization of contract law’, and tries to make that assessment by ... More


Fundamental Rights, European Private Law, and Financial Services

Olha O. Cherednychenko

in Constitutionalization of European Private Law: XXII/2

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712107
eISBN:
9780191780257
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712107.003.0006
Subject:
Law, EU Law, Constitutional and Administrative Law

Although it seems to be undisputed today that the harmonization of private law in the EU cannot take place without due regard for fundamental rights, many questions remain as to how and to what ... More


Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Reinhard Zimmermann, Kenneth Reid, and Daniel Visser (eds)

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.001.0001
Subject:
Law, Comparative Law

Placed uniquely at the intersection of common law and civil law, mixed legal systems are today attracting the attention both of scholars of comparative law, and of those concerned with the ... More


The Internal versus the External Dimension of European Private Law: A Conceptual Design and a Research Agenda

Hans-W. Micklitz

in Private Law in the External Relations of the EU

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198744566
eISBN:
9780191805868
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198744566.003.0002
Subject:
Law, EU Law, Public International Law

This chapter discusses the internal and external dimensions of EU law, by first drawing distinctions between the two. The internal dimension refers to the scope of EU law, which is restricted to the ... More


Remarks from a Comparative and EU Perspective

Stephen Weatherill and Aurelia Colombi Ciacchi

in Regulating Unfair Banking Practices in Europe: The Case of Personal Suretyships

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594559
eISBN:
9780191595714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594559.003.0003
Subject:
Law, Comparative Law, EU Law

This chapter begins with a discussion of the different forms and shapes of suretyships, and the diverse legal responses to them. It then addresses the question of whose interests should prevail. This ... More


Transformation of Contract Law and Civil Justice in the New EU Member Countries: The Example of the Baltic States, Hungary and Poland *

Norbert Reich

in The Institutional Framework of European Private Law

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199296040
eISBN:
9780191700743
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296040.003.0008
Subject:
Law, EU Law

In examining European private law, this chapter concentrates on the transformation of contract law through discussing the three fundamental functions of modern European contract law — autonomy, ... More


Rights and Remedies

Chantal Mak

in Constitutionalization of European Private Law: XXII/2

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712107
eISBN:
9780191780257
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712107.003.0008
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter explores the place of Article 47 of the EU Charter of Fundamental Rights (right to an effective remedy) in European private law and assesses whether this provision could form the basis ... More


The Evolution of Law: Political Foundations of Private Law in Medieval Europe and Japan

John O. Haley (ed.)

in Law and Long-Term Economic Change: A Eurasian Perspective

Published in print:
2011
Published Online:
June 2013
ISBN:
9780804772730
eISBN:
9780804777612
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804772730.003.0002
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter traces the historical process that led to the rise of one of the specific features of the Western legal tradition, the emphasis on private law and the reliance on adjudication disputes. ... More


A History of Private Law in Scotland: Volume 2: Obligations

Kenneth Reid and Reinhard Zimmermann (eds)

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.001.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

Scotland has a special claim for the attention of comparative lawyers, of legal historians, and of those who seek to identify a common core in European private law or to develop a new jus commune. ... More


The Constitutional Foundations of European Contract Law: A Comparative Analysis

Kathleen Gutman

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.001.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This book provides a cohesive assessment of the extent of the EU’s competence in the field of contract law and an extensive comparative study of the American contract law framework. It analyses the ... More


Adjudicating the European Social Market: Negative Constitutionalism Redux?

Oliver Gerstenberg

in Euroconstitutionalism and its Discontents

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198834335
eISBN:
9780191872433
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198834335.003.0002
Subject:
Law, Constitutional and Administrative Law

At a first glance, to many observers the EU may appear to be an improbable illustration of the possibility of an extension of legitimacy and democratic justice beyond the state. In contemporary ... More


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