EU Private Law

Anatomy of a Growing Legal Order
1. Auflage 2021
ISBN: 978-1-83970-121-4
Verlag: Intersentia Ltd

Buch, Englisch, Format (B × H): 160 mm x 240 mm, Gewicht: 1400 g

EU law covers numerous sectors of private law and is still expanding. Due to its fragmentary nature, most legal literature addresses specific areas such as EU labour law, EU company law, EU private international law, EU consumer law, etc. In contrast, this book presents an innovative approach in its analysis of EU private law, considering its continuous expansion as an ongoing process and interrogating some central questions: What is private law in the framework of the EU? How does EU private law relate to traditional concepts of private law? What is the impact on horizontal relations of the law of the Union which was established with a view to the integration of peoples in Europe? Is the frequent reference to the policy orientation of EU law sufficient to overcome the differences between public and private law? Like the growth rings of a tree the numerous acts and judgments of EU private law feed from the trunk and the roots, which developed in the vertical relations between the Union and the Member States. The foundations of EU law, which often have a background in legal history, comparative experience and public international law, impact upon horizontal relations in a manner previously unknown in national systems of private law. Across ten parts grouped in four books devoted to foundations, principles, enforcement and implementation, respectively, as well as the external dimension, the author elaborates on the peculiarities of EU private law as compared to the traditional analysis of private law in any given national legal system. The author traces throughout the book the origins of legal principles and rules in comparative law, legal history and public international law and their application and development in EU private law instruments and the judgments of the CJEU. This comparison helps to strengthen our understanding of those peculiarities and paves the way for a comprehensive critical assessment of the state of EU private law today.

Autoren/Hrsg.

Basedow, Jürgen

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Privat- und Vertragsrecht

Inhaltsverzeichnis

BOOK I: FOUNDATIONS (p. 1) Part I: Private Law in European Integration (p. 1) I. European Integration (p. 2) II. The EU Economic Constitution and Private Law (p. 8) III. The Concept and Idiosyncratic Nature of EU Private Law (p. 15) IV. Civil Matters Article 81 TFEU (p. 43) V. Civil Matters and EU Private Law (p. 53) Part II: Development of EU Private Law (p. 59) VI. Historical Survey (p. 60) VII. Negative Harmonisation (p. 75) VIII. Positive Harmonisation Constitutional Issues (p. 83) IX. Positive Harmonisation Forms and Degree (p. 98) X. Achievements and Thematic Clusters of EU Private Law (p. 121) Part III: Sources of EU Private Law (p. 163) XI. Concept, Classification and Hierarchy of Legal Sources (p. 164) XII. Th e Treaties and the Charter (p. 185) XIII. General Principles of Law Common Aspects (p. 223) XIV. Directives (p. 243) XV. Regulations (p. 271) XVI. Decisions (Uniform Law Conventions) (p. 284) XVII. Soft Law (p. 299) BOOK II: PRINCIPLES (p. 325) Part IV: Principles of the Legal Community (p. 325) XVIII. Equivalence and Effectiveness (p. 326) XIX. Proportionality (p. 341) XX. Legal Certainty (p. 351) XXI. Prohibition of Abuse and Fraud (p. 369) XXII. Sincere Cooperation and Mutual Recognition (p. 387) Part V: Market Principles (p. 397) XXIII. Undistorted Competition (p. 398) XXIV. Private Autonomy and Freedom of Contract (p. 405) XXV. Th e Right to Property (p. 426) Part VI: Solidarity Principles (p.451) XXVI. Equality and Non-Discrimination (p. 452) XXVII. Good Faith (p. 476) XXVIII. Protection of the Weaker Party (p. 499) XXIX. Consumer Protection (p. 507) XXX. Workers Protection (p. 522) BOOK III: IMPLEMENTATION AND ENFORCEMENT (p. 539) Part VII: Institutional and Procedural Framework (p. 540) XXXI. Th e Court of Justice of the European Union (p. 542) XXXII. Th e Referral Procedure (p. 563) Part VIII: Legal Method (p. 597) XXXIII. Th e Interpretation of EU Private Law (p. 598) XXXIV. Gap-Filling in EU Private Law (p. 643) BOOK IV: THE EXTERNAL DIMENSION OF EU PRIVATE LAW (p. 655) Part IX: The Policy Approach: Scope Rules (p. 657) XXXV. Unilateral Scope Rules on the External Reach of EU Private Law (p. 659) XXXVI. International Coordination by Treaty (p. 681) Part X: The Legal Certainty Approach: Bilateral Conflict Rules (p. 695) XXXVII. Choice of Law (p. 696) XXXVIII. Procedural Matters (p. 707) Epilogue (p. 723)