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Die Vorbereitungen laufen bereits viele Jahre, nun liegt er endlich vor: der Entwurf der Europäischen Kommission für ein Gemeinsames Europäisches Kaufrecht als Optionales Instrument. Beteiligte an den Vorarbeiten und wichtige Kritiker derselben setzen sich in diesem höchst empfehlenswerten Buch mit dem Kommissionsentwurf auseinander. Wie wird die Harmonisierung des europäischen Vertragsrechts durch den Entwurf vorangetrieben? Wie "schlägt" sich der Entwurf im Vergleich zum BGB, zum DCFR oder zu den Acquis-Principles? Beleuchtet werden insbesondere Irrtumsanfechtung, AGB-Kontrolle, allgemeines und besonderes Leistungsstörungsrecht beim Kauf und bei verbundenen Dienstleistungen sowie übergreifende Fragestellungen zum Verbraucherrecht. Der Band wird abgerundet durch eine Synopse des Kommissionsentwurfs und der vorangegangenen Machbarkeitsstudie, in der die Entwicklung des Textes deutlich wird. 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.
European law --- International private law --- Civil law -- Europe. --- Civil law -- European Union countries. --- Commercial law -- European Union countries. --- Contracts -- European Union countries. --- Social justice -- European Union countries. --- Conflict of laws --- Law --- Conflict of laws - European Union countries
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This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others
Courts --- Justice, Administration of --- Administration of justice --- Law --- Judiciary --- Dispute resolution (Law) --- Judicial districts --- Procedure (Law) --- Judicial power --- Jurisdiction --- Law and legislation --- Private International Law, International & Foreign Law, Comparative Law --- European Law --- European Culture --- Private International Law, International and Foreign Law, Comparative Law --- Open Access --- Comparative Law --- Court Proceedings --- Court Culture --- Litigation Culture --- Nordic Countries --- Alternative Dispute Resolution --- Globalization of Law --- Europeanization of Law --- Privatization of Dispute Resolution --- Procedural Law --- International law --- Cultural studies
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Nordic law is often referred to as something different from other legal systems. At the same time, it is a common belief that the Nordic countries share more or less the same legal tradition and are very similar in their approach to the law. Considering both of these points of view, the book tells a story of how Nordic law and Nordic legal thinking differ from other legal systems, and how there are many particularities in the law of each of the Nordic countries, making them different from each other. The idea of “Nordic” law also conceals national features. The basic premise of the book is that even if, strictly speaking, there is no such thing as a Nordic common law, it still makes sense to speak of “Nordic” law, and that acquiring a more-than-basic knowledge of this law is interesting not only for comparative lawyers, but also helpful for those working with Nordic lawyers and dealing with questions involving law in the Nordic countries.
Constitutional law. --- Administrative law. --- European Law. --- Private International Law, International & Foreign Law, Comparative Law . --- Constitutional Law. --- Administrative Law. --- Human Rights. --- Administration --- Law, Administrative --- Public administration --- Public law --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Administrative law --- Law and legislation --- Interpretation and construction --- Law—Europe. --- Private international law. --- Conflict of laws. --- Human rights. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Civil law
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Philosophy and psychology of culture --- Comparative law --- European law --- International private law --- International law --- Ethnology. Cultural anthropology --- History of civilization --- etnologie --- rechtsvergelijking --- cultuur --- Europees recht --- internationaal recht --- Europese cultuur --- internationaal privaatrecht --- Europe
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Nordic law is often referred to as something different from other legal systems. At the same time, it is a common belief that the Nordic countries share more or less the same legal tradition and are very similar in their approach to the law. Considering both of these points of view, the book tells a story of how Nordic law and Nordic legal thinking differ from other legal systems, and how there are many particularities in the law of each of the Nordic countries, making them different from each other. The idea of “Nordic” law also conceals national features. The basic premise of the book is that even if, strictly speaking, there is no such thing as a Nordic common law, it still makes sense to speak of “Nordic” law, and that acquiring a more-than-basic knowledge of this law is interesting not only for comparative lawyers, but also helpful for those working with Nordic lawyers and dealing with questions involving law in the Nordic countries.
European law --- International private law --- Human rights --- Public law. Constitutional law --- Administrative law --- mensenrechten --- administratief recht --- Europees recht --- grondrechten --- internationaal privaatrecht --- staatsrecht --- grondwet --- Europe
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Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a "European Transnational Private Law" through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.
Civil law --- Comparative law.. --- EU (European Union) --- Private / Civil law: general works --- Transnational commercial law
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European law --- International private law --- Human rights --- Public law. Constitutional law --- Administrative law --- mensenrechten --- administratief recht --- Europees recht --- grondrechten --- internationaal privaatrecht --- staatsrecht --- grondwet --- Europe
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