Results 261 to 270 of about 61,690 (307)
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Pluralism in European Private Law
Cambridge Yearbook of European Legal Studies, 2018Abstract This chapter examines the further contours of an instrumental-normative approach, focusing on how the question ‘who does what, and at what level of regulation’ is answered by existing theories of legal pluralism in European private law.
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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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Standards in European Private Law: A Model for European Private Law Pluralism
SSRN Electronic Journal, 2013The input from various law-creating actors in European private law can lead to unpredictability, or legal uncertainty. Strategies for lawmaking in Europe in recent decades have sought to tackle this problem by pursuing a decrease in divergence between Member States’ private laws in two ways: through top-down legislation and bottom-up through ...
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Judicial Cooperation in European Private Law
, 2017 Notwithstanding increases in the scope for interaction between European and national courts, little research has been undertaken into the potential impact of institutional cooperation and dialogue in European private law making.
Cafaggi, Fabrizio., Law, Stephanie.
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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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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 ...
openaire +1 more source