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As regards the emergence of a European private law in our time, this article shows that lessons can be learnt from the history of unification of regionally defined private law in the German Confederation (1815-1866). An important lesson is that the Europeanization of private law will be anything...
Persistent link: https://www.econbiz.de/10012779226
The configuration of consumer law obviously depends on the underlying consumer image. Apparently, there is a strong desire to define ‘the consumer' in a uniform manner, in order to design doctrinal solutions that suit to pay regard to his or her particularities. This article instead suggests...
Persistent link: https://www.econbiz.de/10012960684
At the end of the 1990s, the European Commission launched the then-considered forward-looking idea of a pan-European private law code merging national legal traditions – both civil and common – and, eventually, replacing them (horizontal approach). The project never became law, and, still...
Persistent link: https://www.econbiz.de/10012910707
Edited by Yun-chien Chang, Wei Shen and Wen-yeu Wang, the book Private Law in China and Taiwan: Legal and Economic Analyses is set to be a leading comprehensive and authoritative law book that provides an economic and comparative framework for analysing private law in China and Taiwan. This book...
Persistent link: https://www.econbiz.de/10012888969
This paper explores what normative choices have been made with regard to the image(s) of the consumer in European regulatory private law (ERPL), and whether these choices may (or may not) need revision as insights on consumers' needs for protection evolve
Persistent link: https://www.econbiz.de/10012937297
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 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