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Quality Regulation in European Private Law
Journal of Consumer Policy, 2002The EC Directive on certain aspects of the sale of consumer goods and associated guarantees obliges sellers to deliver goods which are in conformity with the contract, and gives rights to the consumer where the goods are not in conformity with the contract.
Oughton, David W., Willett, Chris
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Constitutionalization of European Private Law
, 2014 In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations.
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Informal authorities in European private law
Maastricht Journal of European and Comparative Law, 2013This article considers the nature of authorities in the law, and, specifically, the often undervalued yet important role played by informal auctoritas, in contrast to formally binding enactments. It explores the terminological difficulties within modern discourse which make discussion and understanding of such informal authorities difficult ...
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Negotiating [In the Shadow of a] European Private Law
Maastricht Journal of European and Comparative Law, 2008Clear and predictable rules act as a shadow in which parties can negotiate. European Private Law cannot offer such a shadow because its rules are too diffuse and incoherent. Nor can national laws provide this in a cross-border context. The European Commission's initiative to review the consumer acquis and create a more consistent body of rules through ...
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The Constitutionalization of European Private Law: Gateways, Constraints, and Challenges
European Review of Private Law, 2015Abstract: It seems to be undisputed today that the harmonization of private law in Europe cannot take place without taking fundamental rights into account. Yet many questions still exist as to how and to what extent EU and national private law can and should be influenced by fundamental rights enshrined in the EU Charter of Fundamental Rights.
Cherednychenko, O.O., Reich, Norbert
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The Transformative Politics of European Private Law
2020This chapter should be read as an ideological (self-) critique of the role and function of critical legal scholarship in the rise of the “social” after 1960, first, at national level, later, at EU level. Critical legal scholars have all too often understood critical legal theory as practice of theory, in which law is there to help to protect the weaker
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Rethinking Methods in European Private Law
SSRN Electronic Journal, 2012What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies.
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2017
Lawyers around the world roughly agree on the meaning of private law. Whatever their national origins, they will point to contract and tort and identify their roots in the national private law order. Understanding European private law requires clarification of each of the three composite elements which includes Europe is not a state but a quasi-state ...
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Lawyers around the world roughly agree on the meaning of private law. Whatever their national origins, they will point to contract and tort and identify their roots in the national private law order. Understanding European private law requires clarification of each of the three composite elements which includes Europe is not a state but a quasi-state ...
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European Star Laws. An Essay on the Europeanisation of Private Law
Global Jurist Topics, 2003This essay on the Europeanisation of Private Law emphasises the fact that the Europeanisation is a making process rather than a societal developing process. The outcomes of the making process lie beyond the known coordinates of the national legal systems.
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Comparative Law and the Europeanization of Private Law
2006The gradual emergence of a European private law is one of the most significant contemporary legal developments. Comparative law scholarship has played an important role in this process; in turn, it has received a boost as a result of the ‘Europeanization of private law’ agenda.
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