The Making of European Private Law: Toward a Ius Commune Europaeum as a Mixed Legal System

Portada
Intersentia nv, 2002 - 306 páginas
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.).
 

Comentarios de la gente - Escribir un comentario

No encontramos ningún comentario en los lugares habituales.

Contenido

CHAPTER
2
CHAPTER
5
Centralist
6
Unification through International Treaties
15
E The Contribution of the European Court of Human Rights
22
An Evaluation
28
NONCENTRALIST METHODS TOWARDS A IUS COMMUNE
35
Legal Science and Legal Education
42
Indonesia
140
B Insights for the Development of European Private Law
148
A return to RomanDutch Law
165
Content and Method for a European Private Law
184
E A European Contract Law?
198
South African Law
211
Remedies for Breach of Contract
213
Damages
219

European Legal Education?
54
B Law and Economics
61
Evaluation
70
Codification
77
The Prevailing Mentality including Judicial Style
83
Reasoning from Case to Case
90
The Prevailing Mentality Including Judicial Style
92
Is There Still a Difference Between the Civil
103
Mixed Legal Systems of the World
110
The American State of Louisiana
119
The Civil Law Component comprises
125
The Republic of Zimbabwe
134
Damages
225
The Approach of German Law
232
South African Tort Law
238
CHAPTER 8
245
The Defects of the Prevailing Civil Law Theory
252
A Introduction
254
European Criteria?
260
The Trust in South Africa
266
B A Search for the Optimal Mix of Uniformity
272
TABLE OF CASES
295
Derechos de autor

Términos y frases comunes

Acerca del autor (2002)

Jan Smits holds the Chair of European Private Law at Maastricht University and is the academic director of the Maastricht European Private Law Institute (MEPLI). After his study of law at the universities of Leiden and Poitiers (1986-1991), he defended his PhD at the University of Leiden (1995), developing a theory of how contractual liability can be best explained. In 1995 and 1996 he taught at the universities of Stellenbosch and Tilburg. He then was appointed at Maastricht University, first (1996-1999) as an associate professor and then (1999) to the newly created Chair of European Private Law (the first chair for this field worldwide). At Maastricht, Jan led the private law research group of the Ius Commune Research School. From 2008 to 2010, he was distinguished professor of European Private Law and Comparative Law at Tilburg University, a post he gave up in late 2010 to return to Maastricht and found the Maastricht European Private Law Institute. He held visiting positions at a number of foreign institutions, including Tulane Law School, Leuven University, the University of Liège, Louisiana State University, the Penn State Dickinson School of Law and the University of Helsinki. From 2010-2012, he held the HiiL Visiting Chair on the Internationalisation of Law and in 2013-2014 the TPR Visiting Chair at the University of Ghent. Jan Smits is an elected member of the Royal Netherlands Academy of Arts and Sciences (KNAW).

Información bibliográfica