What Future for European Private Law
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Köp båda 2 för 1847 krThe book is a must read for anybody interested in the future development of European private law. -- European Private Law News This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond. -- Peter Stone, University of Essex, UK European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective. -- Francesco Parisi, University of Minnesota, US and University of Bologna, Italy The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content - all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable whos who in the field and it is a terrific read. -- Stephen Weatherill, University of Oxford, UK
Edited by Hans-W. Micklitz, Professor for Economic Law, the European University Institute and Finland Distinguished Professor, University of Helsinki, Finland and Fabrizio Cafaggi, Professor, Scuola Nazionale dell'Amministrazione, Rome, and Director, Center for Judicial Cooperation, EUI, Florence, Italy
Contents: Introduction Hans-W. Micklitz and Fabrizio Cafaggi 1. Towards a European Private Law? The Common Frame of Reference in the Conflict between EC Law and National Laws Alessandro Somma 2. The Interpretation According to Human Rights, Fundamental Freedoms and Constitutional Laws (art. 1:102 DCFR) Giuseppe Vettori 3. The Role of Competition in the European Codification Process Stefan Grundmann 4. The Public/Private Divide in European Law Norbert Reich 5. The Draft Common Frame of Reference: How to Improve it? Jan M. Smits 6. The Empirical Missing Links in the Draft Common Frame of Reference Fernando Gomez 7. A Spontaneous Order for Europe? Why Hayeks Libertarianism is not the Right Way Forward for European Private Law Martijn W. Hesselink 8. The Authority of an Academic Draft Common Frame of Reference Nils Jansen 9. Legal Innovation in European Contract Law: Within and Beyond the (Draft) Common Frame of Reference Florian Mslein 10. Fitting the Frame: An Optional Instrument, Party Choice and Mandatory/Default Rules Horatia Muir Watt and Ruth Sefton-Green Index