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Coherence and Fragmentation in European Private Law

2012-08-31 Law
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Release : 2012-08-31
Genre : Law
Kind : eBook
Book Rating : 657/5 ( reviews)

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Book Synopsis Coherence and Fragmentation in European Private Law by : Pia Letto-Vanamo

Download or read book Coherence and Fragmentation in European Private Law written by Pia Letto-Vanamo. This book was released on 2012-08-31. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.

EU Competence in Private Law

2015 Civil law
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Release : 2015
Genre : Civil law
Kind : eBook
Book Rating : 482/5 ( reviews)

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Book Synopsis EU Competence in Private Law by : Rafał Mańko

Download or read book EU Competence in Private Law written by Rafał Mańko. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: The notion of private law, as opposed to public law, has a long tradition and is of great importance in most EU Member States. National private law is seen as the constitution of civil society and enjoys a high degree of democratic legitimacy with regard to social justice. However, that distinction is not so important in EU law, where EU legislative competences in any given field of law are limited to those explicitly provided for in the Treaties. There is thus no general EU competence to regulate private law in its entirety, but a number of specific competences addressing selected aspects. The clash between coherent national systems of private law and the EU's functionalist approach leads inevitably to a fragmentation of EU legislation regarding private law. This poses a challenge to the coherence of national systems of private law, with adverse effects not only on consistency, but also transparency and legal security. Of potential options for restoring coherence to private law, the only feasible one is through spontaneous harmonisation. This can occur as a spill-over of EU law rules and principles, through national legislatures and judiciaries. But above all, it is likely to happen through the framing of national and EU private law within a common grid of concepts, principles and rules.

Private Law in the External Relations of the EU

2016 Law
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Release : 2016
Genre : Law
Kind : eBook
Book Rating : 560/5 ( reviews)

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Book Synopsis Private Law in the External Relations of the EU by : Marise Cremona

Download or read book Private Law in the External Relations of the EU written by Marise Cremona. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: An edited volume exploring the interaction between EU external relations law and private law, examining how the relationship has affected the evolution of the EU's competence, the extent of EU private law's reach beyond the boundaries of an internal market, and how the EU contributes to the formation of private regulation at an international level.

Convergence and Divergence of Private Law in Asia

2022-02-24 Law
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Release : 2022-02-24
Genre : Law
Kind : eBook
Book Rating : 269/5 ( reviews)

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Book Synopsis Convergence and Divergence of Private Law in Asia by : Gary Low

Download or read book Convergence and Divergence of Private Law in Asia written by Gary Low. This book was released on 2022-02-24. Available in PDF, EPUB and Kindle. Book excerpt: There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.

European Consumer Access to Justice Revisited

2015 Law
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Release : 2015
Genre : Law
Kind : eBook
Book Rating : 379/5 ( reviews)

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Book Synopsis European Consumer Access to Justice Revisited by : Stefan Wrbka

Download or read book European Consumer Access to Justice Revisited written by Stefan Wrbka. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?

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