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Only insofar as the EC Treaty provides the competence to adopt a European Civil Code, it can be done. Insofar as there is no competence, it will be rather hard to imagine a European Civil Code in the form of any binding instrument. In this paper, it is submitted that the EC Treaty at present...
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This book examines the law governing asset management in a wide range of commercial contexts across 15 jurisdictions of the European Union. The study includes the basic features of the available legal institutions (for example, whether they provide bankruptcy protection or allow free choice of...
Persistent link: https://www.econbiz.de/10012754430
The present article (written in German) discusses whether legal instruments creating uniform private law - either by way of a Convention (a treaty under public international law) or in some other form - should preferably be designed as quot;opt inquot; instruments (meaning that the uniform law...
Persistent link: https://www.econbiz.de/10012759386
This is the first English language paper seriously to examine the meaning of subsidiarity from the perspective of private law, in which it might be used to understand legal rules, or the interaction of different kinds of claim. Since there are so few relevant sources in English, this article...
Persistent link: https://www.econbiz.de/10012827942
Rome II (liability claims), namely a Europeanized Private International Law, with the EU law-maker paying most of its … ever-integrated EU retail market through mandatory contract rules and alternative dispute resolution, key features of the … so-called European Regulatory Private Law. Although it might be too early to anticipate how far the EU Commission will go …
Persistent link: https://www.econbiz.de/10012910707
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 in the EU Charter of Fundamental Rights. This contribution aims to … explore gateways to the EU constitutionalization of private law, constraints thereon, and challenges posed thereby, with a …
Persistent link: https://www.econbiz.de/10012970239
The rise of public supervision over private relationships in many areas of private law has led to the development of what, in the author's view, could be called ‘European supervision private law'. This emerging body of law forms part of European regulatory private law and is made up of...
Persistent link: https://www.econbiz.de/10012972926