The Cambridge Companion to European Union Private Law

ISBN-13: 9780521516174 / Angielski / Twarda / 2010 / 382 str.

Univer Christian Twigg-Flesner (Professor of Commercial Law

Opis

The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.

Recenzje

'The Companion pays close attention to many of the subject's key dimensions - from the historical (Heirbaut and Storme) and comparative (Smit) to conflict of laws (Muir-Watt) and competence (Weatherill), through a treatment of the role of language (Dannemann, Ferreri and Graziadei) and Directives (Johnston and Unberath), followed by an account of the role of the ECJ (Stuyck) and of various types of harmonisation instruments (Beale on the Draft Common Frame of Reference; Schulte-Nölke on optional instruments).' Leone Niglia, European Law Review

Spis treści

1. Introduction: key features of European Union Private Law (EUPL) Christian Twigg-Flesner; 2. The historical evolution of European Private Law D. Heirbaut and M. E. Storme; 3. European Private Law and the comparative method Jan M. Smits; 4. The role of the conflict of laws in European Private Law Horatia Muir-Watt; 5. Competence and European Private Law Stephen Weatherill; 6. Language and terminology Gerhard Dannemann, Silvia Ferreri and Michele Graziadei; 7. European Private Law by directives: approach and challenges Angus Johnston and Hannes Unberath; 8. The European Court of Justice as motor of Private Law Jules Stuyck; 9. European Contract Law: the common frame of reference and beyond Hugh Beale; 10. The way forward in European consumer contract law: optional instrument instead of further deconstruction of national private laws Hans Schulte-Nölke; 11. Commercial contracts and European Private Law Giuditta Cordero Moss; 12. European Tort Law - features of a diverse landscape Cees van Dam; 13. European Union Property Law Sjef van Erp and Bram Akkermans; 14. Information obligations and withdrawal rights Peter Rott; 15. Travel law Jens Karsten; 16. Unfair contract terms Paolisa Nebbia; 17. Unfair commercial practices and European Private Law Hans-W. Micklitz; 18. Consumer sales and associated guarantees Ulrich Magnus; 19. Product liability Geraint Howells and Marcus Pilgerstorfer; 20. The impact of the directive on self-employed commercial agents in EU law Severine Saintier; 21. EC Competition Law and European Private Law Giorgio Monti; 22. Non-discrimination and European Private Law Fryderyk Zoll; 23. Financial services in European Union private law Jerzy Pisuliński.