This article assess and critiques the use of law and economic techniques in modern efforts to harmonise private law. It also attempts to provide elements for application of a broader law and economic techniques to such harmonisation efforts, and suggests a project designed to fully integrate law...

With proponents of deregulation ascendant, both domestically and around the world, private regulation appears to be an attractive solution to a seemingly intractable problem-assuming it is or can be effective. This Article adds an important corrective to standard accounts of private legal...

This article explores the different meanings of the right to housing in Europe in public and private relations with housing providers. In light of the fundamental right to housing’s meaning in the case law of the European Court of Human Rights and the Court of Justice of the European Union, we...

The outbreak of the COVID-19 pandemic has exposed humankind to a global health crisis unprecedented in its scope and impact. The pandemic struggle, however, is not limited to our biological survival; it extends to preserving our cultural and growth achievements by avoiding an economic...

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...

By way of an alternative to the failed project of codifying private law for the European Union, a socio-legal account of the effects of EU legal integration on private law in Europe describes the emergence of European Regulatory Private Law (ERPL). ERPL offers a coherent conception of this vast...

The working paper collects the research presented in the second annual external workshop of the ERPL Project that took place on 16 and 17 May 2013 at the EUI in Florence. The second year of the project was devoted to the collection of empirical evidence in the various sub-projects, as well as in...

The article contests the claim that EU private law is narrowly circumscribed by a market rationality. Such a claim tracks broader criticism of EU functional legal integration, although it tends to obscure the underlying transformative pressures on private law and regulation and the role EU law...

Judges decide multiple types of disputes, including disputes involving the property or contractual rights of two private parties (their “private rights”). The nature of these private rights has long been the focus of philosophical debates between conventionalists, non-conventionalists, and...