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Pris: 953 SEK exkl. moms  |  This book is a step to answer an 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 papers 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 papers by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as papers 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 papers 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.
Contents
General Introduction and Acknowledgements v
List of Contributors xi
Table of Cases xv
Table of Legislation and Preparatory Instruments xxv
PART ONE: THEORETICAL FOUNDATIONS
1. Editorial Introduction 3
Roger Brownsword
2. ‘Restatements’ in Europe and the US: Some Comparative Lessons 11
Hans Schulte-Nölke
3. Dogmatising Non-legislative Codifications: Non-legislative Reference
Texts in European Legal Discourse 31
Nils Jansen
4. If You Don’t Like Our Principles We Have Others: On Core Values and
Underlying Principles in European Private Law: A Critical Discussion of
the New ‘Principles’ Section in the Draft Common Frame of Reference 59
Martijn Hesselink
5. The Need for Codified Guiding Principles and Model Rules in European
Contract Law 73
Bénédicte Fauvarque-Cosson
6. Old and New Insights for the Protection of Consumers in European
Private Law in the Wake of the Global Economic Crisis 89
Brigitta Lurger
7. The Economics of Private Law Harmonised Law-making: Mechanisms,
Modes and Standards 115
Fernando Gomez and Juan-José Ganuza
8. Of Islands and the Ocean: The Two Rationalities of European Private
Law 139
Ralf Michaels
9. The Theoretical Foundations of European Private Law: A Time to
Stand and Stare 159
Roger Brownsword
PART TWO: POLITICAL FOUNDATIONS
10. The Political Foundations of European Private Law: Editorial
Introduction 177
Leone Niglia
11. A Transnational Genealogy of Proportionality in Private Law 185
Duncan Kennedy
12. Balancing in Private Law and the Imperatives of the Public Interest:
National Experiences and (Missed?) European Opportunities 221
Norbert Reich
13. New Paths of Private Law 249
Guido Alpa
14. Political Foundations of European Private Law: Rethinking the
East–West Division Lines 265
Marek Safjan and Aneta Wiewiórowska-Domagalska
15. The Impact of the Harmonisation of Private Law on the Reform of
Civil Law in the New Member States 285
Paul Varul
16. European Private Law: Political Foundations and Current Challenges 293
Reiner Schulze
17. Of Jurisdictional Balancing in European Private Law 309
Leone Niglia
PART THREE: MULTI-LEVEL STRUCTURE OF PRIVATE LAW
18. The Multi-level Structure of Private Law: Editorial Introduction 319
Stephen Weatherill
19. Plurality of Sources in European Private Law, or: How to Live With
Legal Diversity? 323
Jan M Smits
20. Private Law in a Federal Perspective. 337
Walter van Gerven
21. European Private Law: Unification, Harmonisation or Coordination? 353
Kåre Lilleholt
22. Top-Down or Bottom-Up? A Look at the Unification of Private Law in
Federal Systems 363
Mathias Reimann and Daniel Halberstam
23. The Foundations of Private Law in a Multi-level Structure: Balancing,
Distribution of Law-making Power and other Constitutional Issues 379
Matthias E Storme
24. A New Role for Private International and Procedural Law in European
Integration? A Critical Comment 393
Lubos Tichý
viii Contents
PART FOUR: ENFORCEMENT AND COMPLIANCE
25. Enforcement and Compliance: Editorial Introduction 415
Hans-W Micklitz
26. A Critical Note on Two EU Principles: A Proceduralist View on the
Draft Common Frame of Reference (DCFR) 421
Ianika Tzankova and Martin Gramatikov
27. Public and Private Enforcement: The Practical Implications for Policy
Architecture 437
Christopher Hodges
28. The Hybrid Quality of European Private Law 453
Hugh Collins
29. ‘DCFR, Please Meet National Procedure’: Enforcing the Frame of
Reference using National Procedural Law 465
Johan Lindholm
30. Individual Private Enforcement of Consumer Rights in Civil Courts in
Europe 487
Marco Loos
31. Enforcement and Compliance: An EU Law Perspective 513
Jules Stuyck
32. From ‘Toolbox’ to Academic Standard:– The Current and Future
Status of the Draft Common Frame of Reference 531
Ewoud Hondius
33. A Need for a New Structure for European Private Law 555
Frydryk Zoll
34. Administrative Enforcement of European Private Law 563
Hans-W Micklitz
Index 593
Contents ix | | |
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