The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe
Kluwer Law International B.V., 2002 M10 16 - 283 pages
In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law.
He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
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abstract accepted adopted American apply approach autonomy basis century Chapter choice civil law clause common law Compare concept concerned constitutional consumer contain countries course courts deal debate developed Deventer directives distinction doctrine drafting droit Dutch duty economic effect efficient enacted English especially Europe European Civil Code European Contract Law European legal European private law example fact faith formal freedom functional fundamental further German Hesselink idea important Institute Integration interest interpretation Introduction Italy judge Lando Commission lawyers legal culture legal systems legislator less liability limited London Mattei means Moreover Netherlands norm obligations Paris party PECL performance perspective political possible practice Principles protection question Realist reason recent recht references regard remedy Restatements result rules scholars seems sense similar social specific structure substantive tort tradition usually various