This paper explores the current place of Article 47 of the EU Charter of Fundamental Rights (right to an effective remedy) in European private law and assesses whether this provision could form the basis of a judge-made European law on remedies. In order to make this assessment, first, the...

This paper explores the “optional instrument” as a regulatory tool in European private law. The term “optional instrument” or “28th Regime” refers to supranational corporate forms, legal titles or legal instruments which provide an alternative model for doing business throughout the...

The optimal scope of legal harmonization and the desirable patterns of lawmaking vary according to current legal, social and economic conditions. In this paper we specify a positive and testable hypothesis according to which legal systems respond to exogenous changes in the external environment...

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...

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...

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

The law concerning monetary obligations within the legal systems of the European Union is undergoing a series of changes. This is especially true for the law of those member states which have adopted the single currency as the final stage of the European Economic and Monetary Union (EMU)....

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...

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...

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...