The Making of European Private Law: Toward a Ius Commune Europaeum as a Mixed Legal System
Intersentia nv, 2002 - 306 pages
The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Unification through International Treaties
E The Contribution of the European Court of Human Rights
NONCENTRALIST METHODS TOWARDS A IUS COMMUNE
Legal Science and Legal Education
B Insights for the Development of European Private Law
A return to RomanDutch Law
Content and Method for a European Private Law
E A European Contract Law?
South African Law
Remedies for Breach of Contract
European Legal Education?
B Law and Economics
The Prevailing Mentality including Judicial Style
Reasoning from Case to Case
The Prevailing Mentality Including Judicial Style
Is There Still a Difference Between the Civil
Mixed Legal Systems of the World
The American State of Louisiana
The Civil Law Component comprises
The Republic of Zimbabwe
The Approach of German Law
South African Tort Law
The Defects of the Prevailing Civil Law Theory
The Trust in South Africa
B A Search for the Optimal Mix of Uniformity
TABLE OF CASES
Common terms and phrases
according action already appears applied approach argument authors century chapter Civil Code civil law codification common law comparative law completely concepts concerning considered Constitution context continental contract law contribution Convention countries courts created culture determine directives discussed doctrine Dutch economic effect England English law established Europe European private law example exist extent fact field force French German given hand important influence interest interpretation Introduction Italy ius commune judges judgments lead legal systems legislation liability Member mentioned method mixed mixed legal systems nature objective obligations particular parties performance person position possible practice precedent present Principles protection provides question reason recognised referred regard regulations requirement respect result role Roman law Roman-Dutch law rules sources South African South African law specific theory tort tradition Treaty trust unification uniform Union various