11 research outputs found
Civil Code Revision in the Netherlands: A Survey of Its System and Contents, and Its Influence on Dutch Legal Practice
Starke, Max Fabian: EU-Grundrechte und Vertragsrecht. (Zugl.: Berlin, Humboldt-Univ., Diss., 2016.) – Tübingen: Mohr Siebeck 2016. XVII, 445 pp. (Studien zum Privatrecht. 58.)
The unidroit principles for international commercial contracts and the United Nations Convention on contracts for the international sale of goods
Metamorphosis? The Role of Article 47 of the EU Charter of Fundamental Rights in Cases Concerning National Remedies and Procedures Under Directive 93/13/EEC
European private law
Lawyers around the world roughly agree on the meaning of private law. Whatever their national origins, they will point to contract and tort and identify their roots in the national private law order. Understanding European private law requires clarification of each of the three composite elements which includes Europe is not a state but a quasi-state with a multilevel governance structure, the law is not only private but also has a strong regulatory (public) dimension and law cannot be equated with codified law but has a multifaceted character-ranging from private regulation within a public regulatory frame to contract governance and self-regulation. Constitutionalization of private law through the increasing use of fundamental rights and human rights ranks high on the political, judicial, and academic agendas. The Draft Common Frame of Reference (DCFR) is designed to operate in a framework based on conventional actors: individual private parties, judges, and the legislator