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Citizenship and free movement / Norbert Reich -- Open markets / Norbert Reich -- Competition law / Jeremy Scholes -- Adequate standards / Norbert Reich -- Autonomy / Annette Nordhausen Scholes -- Liability and judicial governance in the EU / Norbert Reich
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It seems to be undisputed today that the harmonization of private law in Europe cannot take place without taking fundamental rights into account. Yet many questions still exist as to how and to what extent EU and national private law can and should be influenced by fundamental rights enshrined...
Persistent link: https://www.econbiz.de/10012970239
The Draft Common Frame of Reference for a European Private Law (DCFR) suffers from so-called methodological nationalism: the DCFR adopts a view of law and lawmaking developed for national jurisdictions and in doing so, it takes too little into account that what is best at the national level may...
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In this paper, the author discusses one of the options for the future development of European contract law as sketched in the European Commission's Communication on European Contract Law of 2001. It is defended that a uniform contract law for Europe will necessarily be multi-layered and...
Persistent link: https://www.econbiz.de/10014062618
As a result of increasing economic globalization and technological progress, the power of State-made law to govern relationships among private parties is decreasing. It is argued in this contribution that as a result, private actors increasingly turn towards alternative types of ordering that as...
Persistent link: https://www.econbiz.de/10014039561