Concurrence in European Private Law / Ruben de Graaff.

Format:

Book

Author/Creator:

Graaff, Ruben de, author.

Language:

English

Subjects (All):

Civil law--Europe.

Civil law.

Physical Description:

1 online resource (240 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Eleven International Publishing, [2020]

Summary:

This book by R. de Graaff explores the complexities of European private law, focusing on the phenomenon of legal concurrence where multiple Union rules and national laws govern private relationships. It examines whether parties can choose the most advantageous legal rule in such situations. The author provides a comprehensive scheme of analysis for understanding and resolving these issues, emphasizing that the substance of rules should prevail over their formal relationships. The book draws from various national legal systems and discusses the principles reflected in Union legislation and court judgments. It's part of the Meijers Research Institute series and contributes to the 'Coherent Private Law' research program of Leiden University, targeting legal scholars and practitioners interested in European Union law. Generated by AI.

Contents:

Intro

Acknowledgements

Table of Contents

List of Abbreviations

1 General Introduction

1.1 An old discourse and a new debate

1.2 Different visions of the structure of the legal system

1.3 This book's focus on legal relations

1.4 Questions and outline

1.5 Scope and methodology

2 Concurrence in Private Law

2.1 Introduction

2.2 Concurrence of legal rules

2.3 Claims, powers, defences

2.4 General and specific rules: lex specialis derogat legi generali?

2.5 An alternative scheme of analysis

2.6 Conclusion

3 Concurrent Claims in Contract and Tort: A Comparative Perspective*

3.1 Introduction

3.2 Concurrence of the laws of contract and tort

3.3 The differences between the laws of contract and tort

3.4 French law: the gradual emergence of the non-cumul principle

3.5 German and Dutch Law: independent yet interdependent categories

3.6 English Law: independent yet interdependent categories

3.7 Conclusion

4 Concurrence in European Private Law: Two Underlying Propositions

4.1 Introduction

4.2 The sources of Union law and their effects

4.3 Primary Union law: claims and defences

4.4 Secondary Union law: claims, powers, defences

4.5 How to solve questions of interpretation in a multi-level legal order?

4.6 Conclusion

5 Concurrence in Primary Union Law

5.1 Introduction

5.2 Article 18 TFEU and free movement law

5.2.1 Introduction

5.2.2 General and specific prohibitions of discrimination

5.2.3 From a discrimination approach to a restriction approach

5.2.4 Consequences for the interpretation of Article 18 TFEU?

5.2.5 Concurrence of Article 18 TFEU and free movement law?

5.2.6 Interim conclusion

5.3 Articles 101 and 102 TFEU

5.3.1 Introduction

5.3.2 A brief overview of the provisions

5.3.3 Similarities between Articles 101 and 102 TFEU.

5.3.4 Differences between Articles 101 and 102 TFEU

5.3.5 Concurrence of Articles 101 and 102 TFEU?

5.3.6 Interim conclusion

5.4 Articles 101 and 102 TFEU and free movement law

5.4.1 Introduction

5.4.2 Similarities and differences between the provisions

5.4.3 Concurrence of competition law and free movement law?

5.4.4 Interim conclusion

5.5 Conclusion

6 Concurrence in Secondary Union Law

6.1 Introduction

6.2 When the Union legislature explicitly leaves room for other Union rules

6.3 When the Union legislature remains silent about the relationship between Union rules

6.4 How to determine whether national laws are affected by secondary Union rules?

6.5 The case of 'complete' harmonisation of national laws

6.6 The first exception: alternative rules

6.7 The second exception: exclusive rules

6.8 Conclusion

7 General Conclusion

7.1 Concurrence all over the place

7.2 Fundamental assumptions challenged

7.3 A shared scheme of analysis

7.4 Understanding the laws of the European Union

7.5 Lessons learned and questions raised

Treaties and Legislation

International treaties

European Union law

Primary law

Secondary legislation

Directives

Regulations

Documents

National legislative texts and proposals

France

The United Kingdom

Case law

Union Courts

Judgments delivered by the Court of Justice of the European Union

Judgments delivered by the General Court of the European Union

Opinions of the Court of Justice of the European Union

Opinions of Advocates-General of the Court of Justice of the European Union

National Courts

Germany

The Netherlands

Literature.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

Description based on print version record.

ISBN:

9789054546849

9054546840

OCLC:

1378391131