Constructing modern European private law : a hybrid system / by Ivan Sammut.

Format:

Book

Author/Creator:

Sammut, Ivan, author.

Language:

English

Subjects (All):

Civil law.

Physical Description:

1 online resource (368 pages)

Edition:

1st ed.

Place of Publication:

Newcastle-upon-Tyne, England : Cambridge Scholars Publishing, 2016.

Summary:

The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.

Contents:

Intro

Table of Contents

Foreword

List of Abbreviations

Introduction

1.1 Objectives and Scope

1.2 Definition of EPL and its Multi-level Dimension as a Goal-Oriented System

1.3 Improving the Institutional Design of EPL

1.4 Multi-level Governance Structures

1.5 Methodology, Definitions and Sources

Chapter One

1. The Evolution of European Private Law and its Sources

2. Civil Law and Common Law similar yet different

3. A look at Mixed Jurisdictions

4. The Comparative Method

5. The 21st Century and the Impact of the EU Legal Order on National Private Law

Chapter Two

1. The Europeanisation Process

2. The Tools and Definitions

3. Defining the Tools

4. The Tool of Approximation or Harmonisation

5. The Tool of Uniformisation/Standardisation

6. The Tool of Unification

7. Codification/Consolidation

8. The Art of Comparative Law

9. Conclusion

Chapter Three

1. The Fields of Law and the Debate of Substantive Law v. Private International Law

2. Classification Methods of European Substantive Private Law in Civil and Common Law

3. The Nature of European Private International Law

4. The Legal Instruments Available

5. The Application of the Tools

6. The Europeanisation of the Law of Obligations

7. The Europeanisation of Family and Succession Law

8. The Europeanisation of Company Law

9. The Europeanisation of Property Law

10. The Europeanisation of other Fields of Law

11. Conclusion

Chapter Four

1. The Rise and Relevance of New Governance in the EU

2. The Open Method of Coordination (OMC)

3. The Innovative Modes of Governance and Informal Europeanisation

4. The Future and the New Governance

5. Conclusion

A possible new European way of Law

Chapter Five

1. The Need for more Empirical Research

2. The Initial EU Response.

3. Options and Fragmented Europeanisation

4. A European Civil Code?

5. The DCFR

6. The Green Paper on Policy Options for Progress towards a European Contract Law for Consumers and Businesses COM (2010) 348 final

7. Proposal of a Regulation on a Common European Sales Law (CESL) COM (2011) 635 final

8. Conclusion

Chapter Six

1. Towards a hybrid EPL?

the DCFR in the Conflict between EU and National Laws

2. DCFR

how to improve it?

3. Legal Innovation in EPL

4. The Optional Regime

5. Constructing European Private Law

the Means and the Ends

Conclusion

Bibliography

Index.

Notes:

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (ebrary, viewed October 11, 2016).

ISBN:

1-4438-9995-X

OCLC:

960041673