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| Author | : Peter A. J. van den Berg |
| Publisher | : Europa Law Publishing |
| Total Pages | : 0 |
| Release | : 2012-08 |
| Genre | : |
| ISBN | : 9789089521293 |
Download The Politics of European Codification Book in PDF, ePub and Kindle
A European codification of private law is in the air. The European Parliament decided in favour of it, the European Commission supports it and many legal scholars are already working on it. The question is: why? This book provides an answer by looking into the history of codification. It focuses on the arguments that were used for the introduction of some modern codifications, such as the French Code civil and the Austrian ABGB. It shows that the realisation of these codifications was closely linked to the process of the formation of states. Since uniformity was thought to be of crucial importance to the formation of a modern state, it was only logical that the unification of law became an important goal, too. Codification was an excellent means to achieve this goal. After all, the most essential feature of these modern codifications was the establishment of the monopoly of the central government on the making of law within its own territory. This historical enquiry thus increases our understanding of the political nature of the endeavours to realise an European codification of private law.
| Author | : Peter Arend Jan van den Berg |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2007 |
| Genre | : |
| ISBN | : |
Download The Politics of European Codification Book in PDF, ePub and Kindle
| Author | : Martijn W. Hesselink |
| Publisher | : |
| Total Pages | : 48 |
| Release | : 2011 |
| Genre | : |
| ISBN | : |
Download The Politics of a European Civil Code Book in PDF, ePub and Kindle
In 2003, the European Commission published its Action Plan on European contract law. That plan formed an important step towards a European Civil Code. In its Plan the Commission tried to depoliticise the codification process by asking a group of academic experts to prepare what it called a 'common frame of reference'. This paper, published in the European Law Journal in 2004, argued that drafting a European Civil Code involves making many choices which are essentially political. It further argued that the technocratic approach which the Commission had adopted in the Action Plan effectively excluded most stakeholders from having their say during the stage when the real choices were made. Therefore, before the drafting of the CFR/ECC starts, the Commission should have submitted a list of policy questions regarding the main issues of European private law to the European Parliament and the other stakeholders. Such an alternative procedure would have repoliticised the process. It would have increased the democratic basis for a European Civil Code and thus its legitimacy.
| Author | : Martijn Willem Hesselink |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 210 |
| Release | : 2006-01-01 |
| Genre | : Law |
| ISBN | : 9041124101 |
Download The Politics of a European Civil Code Book in PDF, ePub and Kindle
With a significant number of claims having been brought under NAFTA Chapter 11 in the last 3 years, public and professional interest in this topic has been growing significantly. Quite simply, anyone doing business under NAFTA, or anyone representing a company doing business under NAFTA, must be completely familiar with the provisions of Chapter 11. Combining expert commentary with complete primary source materials and case law, Kluwer Law International's "Investment Disputes Under NAFTA" is the must-have resource for anyone planning - or already involved in - a Chapter 11 claim. NAFTA's Chapter 11, like many treaties, sets forth rules for arbitration. Current procedures have been developed, in part, as cases have arisen and been resolved. This book enables anyone interested in these procedures to know exactly the current state of the law. Only "Investment Disputes Under NAFTA" delivers: Article-by-Article explanations of the ins and outs of Chapter 11; a valuable collection of key case law that has been affected by Chapter 11; accurate and thorough cross-referencing to help you quickly and easily find all relevant material; and logical organization of all materials as well as a complete index and table of cases. This one-of-a-kind resource is practice based and user-friendly. It is the only product to collect the body of NAFTA jurisprudence. It also incorporates substantial references to decisions in other investment treaty cases, decisions by mixed claims commissions and other arbitral bodies, Iran-U.S. Claims Tribunal jurisprudence, and International Court of Justice decisions. Kluwer Law International's "Investment Disputes Under NAFTA" also contains charts presenting valuable information such as the arbitrators in each case, the rules under which the arbitrations have been conducted, and the remedies granted in each particular case
| Author | : Leone Niglia |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 198 |
| Release | : 2015-03-26 |
| Genre | : Law |
| ISBN | : 1782253106 |
Download The Struggle for European Private Law Book in PDF, ePub and Kindle
The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.
| Author | : Ugo Mattei |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 202 |
| Release | : 2003-01-01 |
| Genre | : Law |
| ISBN | : 9041122303 |
Download The European Codification Process Book in PDF, ePub and Kindle
This volume contains thoughts on the issue of Codification of European Private Law and on the present state of European Private Law by one of the protagonists of the debate that is unfolding in Europe. Taking a sometimes sharply critical view, Professor Mattei attempts to unveil what he considers biases, strategies, and ideologies that affect the European legal process. The work attempts to open a basic and genuine political debate between legal scholars, which he considers an unavoidable prerequisite of any major reform process in private law. Challenging the claim of technocratic neutrality shared by much of the most influential European legal academy, the author uses the tools of Comparative Law and Economics to set priorities on the table and to show some of the real stakes of the present process. The work explores fundamental areas of European private law, from the sources' to contracts' to trust law.
| Author | : |
| Publisher | : |
| Total Pages | : 609 |
| Release | : 2011 |
| Genre | : Civil law |
| ISBN | : 9781472560995 |
Download The Foundations of European Private Law Book in PDF, ePub and Kindle
"There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work--for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance"--Provided by publisher.
| Author | : Hector L. MacQueen |
| Publisher | : Cambridge University Press |
| Total Pages | : 335 |
| Release | : 2003-10-16 |
| Genre | : Law |
| ISBN | : 1139438786 |
Download Regional Private Laws and Codification in Europe Book in PDF, ePub and Kindle
Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
| Author | : Heikki Pihlajamäki |
| Publisher | : Oxford University Press |
| Total Pages | : 1264 |
| Release | : 2018-06-28 |
| Genre | : Law |
| ISBN | : 0191088374 |
Download The Oxford Handbook of European Legal History Book in PDF, ePub and Kindle
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
| Author | : Dorte Sindbjerg Martinsen |
| Publisher | : |
| Total Pages | : 273 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 019875339X |
Download An Ever More Powerful Court? Book in PDF, ePub and Kindle
The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.
