Uncovering European Private Law : A Student Handbook.

Format:

Book

Author/Creator:

Bartl, Marija.

Contributor:

Burgers, Laura, 1989-

Mak, Chantal.

Language:

English

Physical Description:

1 online resource (370 pages)

Edition:

1st ed.

Place of Publication:

Cambridge, UK : Open Book Publishers, 2025.

Summary:

Aimed at bridging a crucial gap in legal education, Uncovering European Private Law provides a comprehensive introduction to the evolving field of European private law. This innovative handbook addresses the interplay of national, European, and transnational rules governing relationships between private actors, including individuals and businesses. Designed with students in mind, this volume not only covers foundational concepts but also explores cutting-edge developments in areas such as contract, tort, property, and company law. What sets this handbook apart is its contextual approach. By integrating societal and theoretical perspectives, it encourages students to critically evaluate private law's role in addressing global challenges like digitalization, sustainability, and globalization. Gathering the expertise of over twenty international law scholars, the handbook reflects the expertise of academics deeply engaged in teaching and research. With structured chapters and accessible narratives, this handbook replaces piecemeal materials previously used in courses. It offers coherence and depth, making it an essential resource for understanding the legal frameworks that shape commerce, legal practice, and broader societal issues. Whether for mandatory or elective courses, this guide empowers students to navigate and critically assess the dynamic field of European private law providing an essential resource for the private lawyers of the future.

Contents:

Intro

Contents

Contributor Biographies

I. INTRODUCTION

1. The Evolving Concept of Private Law in Europe

Laura Burgers, Marija Bartl, and Chantal Mak

1. The 'Private' in Private Law

2. Private Autonomy as a General Principle of Private Law

3. The Maker of Private Law in Europe

4. The Meaning of 'European Private Law'

5. Points for Reflection

Bibliography

II. FOUNDATIONS

2. (In)justice in European Private Law

Martijn W. Hesselink

1. Introduction

2. The Idea of Justice

3. Private Law as an Agent of (In)justice

4. The EU's Responsibility for Justice

5. EU Private Law as an Agent of (In)justice

Points for Reflection

3. Negative Integration, European Private Law, and the Government's Role in the Marketplace

C. J. W. (Jaap) Baaij

2. The Evolution from Negative to Positive European Integration

3. The Normative Link between Negative Integration and European Private Law

4. Concluding Remarks

4. Positive Integration: Harmonisation of National Law through Directives and Regulations

Marco B. M. Loos

2. Legal Architecture

3. Societal Relevance: Stakes and Challenges

4. Points for Reflection

5. Human Rights in Private Law

Chantal Mak

1. Introduction: Private Actors and the Public Interest

2. Legal Context: Constitutionalising Private Law

3. Societal Relevance: The Imaginative Power of Private Law

III. INSTITUTIONS

6. Bona fides (Good Faith) in European Private Law

Talya Deibel

Introduction

Legal Context

Societal Implications

Conclusion and Points for Reflection

7. Concepts of Ownership in European Property Law: Centralising the Social Function of Ownership.

Eva Vermeulen

1. Introduction: What Is European Property Law?

2. Legal Context: Three Concepts of Ownership and their Coexistence in European Property Law

3. Prevalent Ownership Concepts and Their Effects on Rising Inequality and Ecological Disaster

4. Conclusion: Time for a More Central Role for Social Ownership?

8. Limited Liability through the Lens of Expected Value Analysis

Michael Bakker and Rolef de Weijs

1. Introduction: The Limited Liability Corporation

2. Expected Value, Expected Return, and Expected Rate of Return

3. Limited Liability through the Lens of Expected Value Analysis

4. Legal Strategies to Address Externalisation through the Corporate Form

5. Conclusion and Points for Reflection

9. Consumers in European Private Law

Joasia Luzak

1. Introduction: 'Ordinary People'

4. Points for Reflection: 'Try Again'

IV. TRANSFORMATIONS

10. Social Enterprises and the Role of Profit in Company Law

Nena van der Horst and Marleen van Uchelen

2. Legal Framework for Profit Distribution in Social Enterprises in Europe

3. Profit Distribution in Social Enterprises in a Societal Context

4. Conclusions

11. Financial Crises and European Private Law

Guido Comparato

2. Legal Context

3. Societal Relevance

12. The Construction of European Housing Markets through European Private Law

Irina Domurath

2. EU 'Housing Regulation' with Impact on Contract Law

3. Beyond the Law: Welfare, Commodities, and Finance

4. Conclusions and Points for Reflection

13. Data Subjects in European Private Law

Antonio Davola.

1. Introduction

2. Legal Context: Data Subjects and Their Rights in the European Normative Framework

3. Societal Relevance: Control over Data as a Core Concept for Individuals' Freedom

14. EU Sustainable Finance Regulation: An Analysis in the Context of Contemporary Debates in European Private Law

Jennifer de Lange-Collins

1. Introduction: Sustainable Finance, in the Context of Issues in EPL

2. Legal Context: The EU Approach to Sustainable Finance

3. Societal Context: Analysis of the EU approach to Sustainable Finance

V. METHODS

15. Private Law and Political Economy

Marija Bartl

1. Introduction: On 'Law and Political Economy' as an Approach to Studying Law

3. Markets and Private Law

4. Societal Implications: Transforming Markets via Private Law

16. Methods of Comparative Legal Research: How to Set Up and Carry Out a Comparative Legal Research Project

Marieke Oderkerk

2. A Methodological Framework for Comparative Legal Research

3. Goals of Comparative Legal Research

4. Methods and Techniques of Comparative Legal Research

5. Conclusion

6. Points for Reflection

Index.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

1-80511-506-5

1-80511-507-3