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European Private Law after the Common Frame of Reference
This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century.
The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts.
The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts.
More Information
Critical Acclaim
Contributors
Contents
More Information
This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century.
The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts.
This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US–EU comparison of different legal orders.
The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts.
This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US–EU comparison of different legal orders.
Critical Acclaim
‘The book is a “must read” for anybody interested in the future development of European private law.’
– European Private Law News
‘This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond.’
– Peter Stone, University of Essex, UK
‘European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective.’
– Francesco Parisi, University of Minnesota, US and University of Bologna, Italy
‘The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content – all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable “who’s who” in the field and it is a terrific read.’
– Stephen Weatherill, University of Oxford, UK
– European Private Law News
‘This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond.’
– Peter Stone, University of Essex, UK
‘European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective.’
– Francesco Parisi, University of Minnesota, US and University of Bologna, Italy
‘The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content – all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable “who’s who” in the field and it is a terrific read.’
– Stephen Weatherill, University of Oxford, UK
Contributors
Contributors: F. Cafaggi, F. Gomez, S. Grundmann, M.W. Hesselink, N. Jansen, H.-W. Micklitz, F. Möslein, H. Muir Watt, N. Reich, R. Sefton-Green, J.M. Smits, A. Somma, G. Vettori
Contents
Contents:
Introduction
Hans-W. Micklitz and Fabrizio Cafaggi
1. Towards a European Private Law? The Common Frame of Reference in the Conflict between EC Law and National Laws
Alessandro Somma
2. The Interpretation According to Human Rights, Fundamental Freedoms and Constitutional Laws (art. 1:102 DCFR)
Giuseppe Vettori
3. The Role of Competition in the European Codification Process
Stefan Grundmann
4. The Public/Private Divide in European Law
Norbert Reich
5. The Draft Common Frame of Reference: How to Improve it?
Jan M. Smits
6. The Empirical Missing Links in the Draft Common Frame of Reference
Fernando Gomez
7. A Spontaneous Order for Europe? Why Hayek’s Libertarianism is not the Right Way Forward for European Private Law
Martijn W. Hesselink
8. The Authority of an Academic ‘Draft Common Frame of Reference’
Nils Jansen
9. Legal Innovation in European Contract Law: Within and Beyond the (Draft) Common Frame of Reference
Florian Möslein
10. Fitting the Frame: An Optional Instrument, Party Choice and Mandatory/Default Rules
Horatia Muir Watt and Ruth Sefton-Green
Index
Introduction
Hans-W. Micklitz and Fabrizio Cafaggi
1. Towards a European Private Law? The Common Frame of Reference in the Conflict between EC Law and National Laws
Alessandro Somma
2. The Interpretation According to Human Rights, Fundamental Freedoms and Constitutional Laws (art. 1:102 DCFR)
Giuseppe Vettori
3. The Role of Competition in the European Codification Process
Stefan Grundmann
4. The Public/Private Divide in European Law
Norbert Reich
5. The Draft Common Frame of Reference: How to Improve it?
Jan M. Smits
6. The Empirical Missing Links in the Draft Common Frame of Reference
Fernando Gomez
7. A Spontaneous Order for Europe? Why Hayek’s Libertarianism is not the Right Way Forward for European Private Law
Martijn W. Hesselink
8. The Authority of an Academic ‘Draft Common Frame of Reference’
Nils Jansen
9. Legal Innovation in European Contract Law: Within and Beyond the (Draft) Common Frame of Reference
Florian Möslein
10. Fitting the Frame: An Optional Instrument, Party Choice and Mandatory/Default Rules
Horatia Muir Watt and Ruth Sefton-Green
Index
