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INSTITUTIONAL FRAMEWORK OF EUROPEAN PRIVATE LAW
CAFAGGI F. wydawnictwo: OXFORD , rok wydania 2006, wydanie I cena netto: 380.00 Twoja cena 361,00 zł + 5% vat - dodaj do koszyka Explores the relationship between constitutional and regulatory questions on one hand,
and private law on the other hand
Analyses the influence of regional legal traditions on the development of European private
law
Argues for the preservation of national legal identities in the context of European legal
and political integration, striking a difficult balance between harmonisation and
differentiation.
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.
Readership: Students and scholars of EU law and integration, as well as EU Constitutional
and Administrative Law, Private Law, Conflict of Laws, and EU Consumer, Competition, and
Contract Law.
Table of Contents
Fabrizio Cafaggi: Introduction
Stephen Weatherill: European Private Law and the Constitutional Dimension
Horatia Muir Watt: Integration and Diversity: the Conflict of Laws as a Regulatory Tool
Walter van Gerven: Bringing (Private) Laws Closer to Each Other at the European Level
Angus Johnston and Hannes Unberath: Law at, to or from the Centre? The European Court of
Justice and the Harmonization of Private Law in the European Union
Norbert Reich: Transformation of Contract Law and Civil Justice in the New EU Member
Countries
Fabrizio Cafaggi: A Coordinated Approach to Regulation and Civil Liability in European
Law: Rethinking Institutional Complementarities
Albertina Albors-Llorens: Consumer Law, Competition Law and the Europeanization of Private
Law
Hardback
346 pages
Po otrzymaniu zamówienia poinformujemy, czy wybrany tytuł polskojęzyczny lub
anglojęzyczny jest aktualnie na półce księgarni.
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