The Making of European Private Law: Toward a Ius Commune Europaeum as a Mixed Legal System
Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.).
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Unification through International Treaties
E The Contribution of the European Court of Human Rights
NONCENTRALIST METHODS TOWARDS A IUS COMMUNE
Legal Science and Legal Education
B Insights for the Development of European Private Law
A return to RomanDutch Law
Content and Method for a European Private Law
E A European Contract Law?
South African Law
Remedies for Breach of Contract
European Legal Education?
B Law and Economics
The Prevailing Mentality including Judicial Style
Reasoning from Case to Case
The Prevailing Mentality Including Judicial Style
Is There Still a Difference Between the Civil
Mixed Legal Systems of the World
The American State of Louisiana
The Civil Law Component comprises
The Republic of Zimbabwe
The Approach of German Law
South African Tort Law
The Defects of the Prevailing Civil Law Theory
The Trust in South Africa
B A Search for the Optimal Mix of Uniformity
TABLE OF CASES
AJCL applied centralist century civil law codification commercial common law comparative law Constitution context continental contract law countries customary law directives discussed doctrine Dutch law EC Treaty ECHR economic English law ERPL Europe European Civil Code European Contract Law European Convention European Court European Law European legal European private law European Union example exist Hartkamp highest court Hrsg important influence interpretation ius commune judgments Kötz law and common law of contract law of obligations law system legal culture legal rules legal science Legal Transplants legislation lex mercatoria liability Louisiana Markesinis method mixed legal systems mixed system national law national legal Netherlands objective parties PECL possible Principles Privatrecht property law provides Quebec Raad RabelsZ recognised regulations role Roman law Roman-Dutch law Scots law South African law Southern Cross 1996 specific Supreme Court systematisation THRHR tort law trust Unidroit unification uniform law ZEuP Zimmermann