| Description |
1 online resource (368) |
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text file |
| Contents |
Table of Contents; Foreword; List of Abbreviations; Introduction; 1.1 Objectives and Scope; 1.2 Definition of EPL and its Multi-level Dimension as a Goal-Oriented System; 1.3 Improving the Institutional Design of EPL; 1.4 Multi-level Governance Structures; 1.5 Methodology, Definitions and Sources; Chapter One; 1. The Evolution of European Private Law and its Sources; 2. Civil Law and Common Law similar yet different; 3. A look at Mixed Jurisdictions; 4. The Comparative Method; 5. The 21st Century and the Impact of the EU Legal Order on National Private Law; Chapter Two. |
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1. The Europeanisation Process2. The Tools and Definitions; 3. Defining the Tools; 4. The Tool of Approximation or Harmonisation; 5. The Tool of Uniformisation/Standardisation; 6. The Tool of Unification; 7. Codification/Consolidation; 8. The Art of Comparative Law; 9. Conclusion; Chapter Three; 1. The Fields of Law and the Debate of Substantive Law v. Private International Law; 2. Classification Methods of European Substantive Private Law in Civil and Common Law; 3. The Nature of European Private International Law; 4. The Legal Instruments Available; 5. The Application of the Tools. |
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6. The Europeanisation of the Law of Obligations7. The Europeanisation of Family and Succession Law; 8. The Europeanisation of Company Law; 9. The Europeanisation of Property Law; 10. The Europeanisation of other Fields of Law; 11. Conclusion; Chapter Four; 1. The Rise and Relevance of New Governance in the EU; 2. The Open Method of Coordination (OMC); 3. The Innovative Modes of Governance and Informal Europeanisation; 4. The Future and the New Governance; 5. Conclusion -- A possible new European way of Law; Chapter Five; 1. The Need for more Empirical Research; 2. The Initial EU Response. |
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3. Options and Fragmented Europeanisation4. A European Civil Code?; 5. The DCFR; 6. The Green Paper on Policy Options for Progress towards a European Contract Law for Consumers and Businesses COM (2010) 348 final; 7. Proposal of a Regulation on a Common European Sales Law (CESL) COM (2011) 635 final; 8. Conclusion; Chapter Six; 1. Towards a hybrid EPL? -- the DCFR in the Conflict between EU and National Laws; 2. DCFR -- how to improve it?; 3. Legal Innovation in EPL; 4. The Optional Regime; 5. Constructing European Private Law -- the Means and the Ends; Conclusion; Bibliography; Index. |
| Summary |
The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can f. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Civil law -- European Union countries -- International unification.
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Civil law. |
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European Union countries. |
| Genre/Form |
Electronic books.
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| ISBN |
144389995X (electronic book) |
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9781443899956 (electronic book) |
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1443897248 |
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