European private law 41 results

This book is the result of a long-term comparative research project on intellectual property. It unearths the thought patterns which are culturally, morally and historically imprinted across Europe and questions the common narratives of the distinctiveness of private and public law, contracts and property, and morality and the law.

In this book, which is part of the book series of the Common Core of European Private Law, reporters consider legal institutions that allow persons who have occupied private or public land of others to acquire that land through mere long-term use.

How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.

This book brings together a group of renowned contract lawyers to analyse how their own legal systems deal with twelve cases of morally dubious agreements. It explores questions of validity, enforceability and the availability of remedies, while offering crucial insights into the divergences and converges between different European legal systems.

The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions.

Over the course of the last few decades, the European legislature has adopted a total of 18 Regulations in the area of private international law. The question remains, however, if these efforts have turned private international law into a truly European field? The book analyses - for the first time - how 'European' European private international law actually is.

This book traces the uncharted history of validity and invalidity, two central categories of legal thought ubiquitous in contemporary private and public law. It shows how they emerged in response to social needs that remain pressing today.

The essays collected in this volume critically address some of the main issues concerning the relations of the EU with non-EU countries and international organisations in the area of private international law, as well as the impact of these relations on EU legislation dealing with matters featuring cross-border implications.

This book examines the European Union’s impact on private and especially contract law. It shows how the European Union’s founding Treaties grant it in principle only a limited competence in the field, but how in practice the European Union’s influence is broad and to some extent unpredictable.

European law affects national private law in many ways. This is not only true for EU Directives, but also for the EU Treaties, the EU Charter on Fundamental Rights and the general principles of EU law. This book explores the influence of European law on legal relationships between individuals.

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.

In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law.

This book provides a detailed analysis of the objectives, principles and methods of EU Internal Market law. It focuses on the substantive law of the Internal Market, the strongest, most developed and most original part of EU law.

The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence. In this book the possible impact of these private law harmonisation instruments on shipping and transport law is assessed.

This book brings together the papers presented at the Society of European Contract Law’s 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States and whether common principles can be transferred into rules.

There is an increasing debate on the way in which the EU has developed and what it must look like in the future. This debate includes a discussion on one of the core aspects of European integration: at which level should the rules be set and who decides where the authority to do so should lie? Private law has an important role to play in this discussion. Many private law rules touch on the core of the internal market as they serve to foster trade or to offer protection to market participants, such as consumers.

In recent years, EU consumer law has been subject to spectacular decisions by the European Court of Justice, with important consequences for the private law of Member States. Currently, it is under scrutiny by the EC Commission, which has just published a proposal for the revision of important aspects of the EU consumer law acquis. The authors have taken a broad horizontal approach at the European acquis, thereby reflecting on the history, the achievements and also the shortcomings of EC law.

Differences in contract law and the additional transaction costs and complexity they generate in cross-border transactions dissuade a considerable number SMEs from expanding into markets of other Member States. These differences are also said to limit competition in the internal market.

Does the European Union need a Civil Code? Like a dark cloud, this question hovers over debates about the future of private law in Europe.

This book contains the Principles of European Family Law regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions.