Constructing Modern European Private Law A Hybrid System.: A Hybrid System. (2016)

• Record Type: Book
• Other Names: Sammut, Ivan
• Contents: Table of Contents; Foreword; List of Abbreviations; Introduction; 1.1 Objectives and Scope; 1.2 Definition of EPL and its Multi-level Dimension as a Goal-Oriented System; 1.3 Improving the Institutional Design of EPL; 1.4 Multi-level Governance Structures; 1.5 Methodology, Definitions and Sources; Chapter One; 1. The Evolution of European Private Law and its Sources; 2. Civil Law and Common Law similar yet different; 3. A look at Mixed Jurisdictions; 4. The Comparative Method; 5. The 21st Century and the Impact of the EU Legal Order on National Private Law; Chapter Two 1. The Europeanisation Process2. The Tools and Definitions; 3. Defining the Tools; 4. The Tool of Approximation or Harmonisation; 5. The Tool of Uniformisation/Standardisation; 6. The Tool of Unification; 7. Codification/Consolidation; 8. The Art of Comparative Law; 9. Conclusion; Chapter Three; 1. The Fields of Law and the Debate of Substantive Law v. Private International Law; 2. Classification Methods of European Substantive Private Law in Civil and Common Law; 3. The Nature of European Private International Law; 4. The Legal Instruments Available; 5. The Application of the Tools 6. The Europeanisation of the Law of Obligations7. The Europeanisation of Family and Succession Law; 8. The Europeanisation of Company Law; 9. The Europeanisation of Property Law; 10. The Europeanisation of other Fields of Law; 11. Conclusion; Chapter Four; 1. The Rise and Relevance of New Governance in the EU; 2. The Open Method of Coordination (OMC); 3. The Innovative Modes of Governance and Informal Europeanisation; 4. The Future and the New Governance; 5. Conclusion -- A possible new European way of Law; Chapter Five; 1. The Need for more Empirical Research; 2. The Initial EU Response 3. Options and Fragmented Europeanisation4. A European Civil Code?; 5. The DCFR; 6. The Green Paper on Policy Options for Progress towards a European Contract Law for Consumers and Businesses COM (2010) 348 final; 7. Proposal of a Regulation on a Common European Sales Law (CESL) COM (2011) 635 final; 8. Conclusion; Chapter Six; 1. Towards a hybrid EPL? -- the DCFR in the Conflict between EU and National Laws; 2. DCFR -- how to improve it?; 3. Legal Innovation in EPL; 4. The Optional Regime; 5. Constructing European Private Law -- the Means and the Ends; Conclusion; Bibliography; Index
• Publisher Details: Newcastle-upon-Tyne : Cambridge Scholars Publishing
• Publication Date: 2016
• Extent: 1 online resource (368)
• Subjects: 346.4; LAW / Administrative Law & Regulatory Practice; Civil law -- European Union countries -- International unification; Electronic books
• Languages: English
• ISBNs: 9781443899956
• Related ISBNs: 144389995X; 1443897248
• Notes: Note: Description based on print version record.
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