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Fundamental Rights And Private Law In Europe

Author: Nuno Ferreira
Publisher: Routledge
ISBN: 1136716319
Size: 10.93 MB
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The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children’s rights and European private law.

The Eu As A Children S Rights Actor

Author: Ingi Iusmen
Publisher: Verlag Barbara Budrich
ISBN: 3847404121
Size: 16.48 MB
Format: PDF, ePub, Mobi
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This edited collection critiques, from an interdisciplinary perspective, the growing body of EU children’s rights activities in the light of broader political, economic and legal processes. Specifically, it interrogates whether EU intervention effectively responds to what are perceived as violations of children’s rights and the extent to which EU efforts to uphold children’s rights complement and reinforce parallel national and international pursuits. Moreover, it scrutinises the compatibility of EU children’s rights measures with the principles and provisions enshrined in the UN Convention on the Rights of the Child (CRC).

Eu Compendium Fundamental Rights And Private Law

Author: Christoph Busch
Publisher: Walter de Gruyter
ISBN: 3866539398
Size: 32.83 MB
Format: PDF
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This compendium provides an introduction to the intricate interplay of fundamental rights and private law. It identifies areas of commercial and civil law where fundamental rights from different sources play a key role in the interpretation and application of private law rules. In addition, it offers a collection of case law examples from across the EU which illustrate differences and commonalities regarding the influence of fundamental rights on civil and commercial litigation. It is thus well suited for the training of judges and as a source of inspiration for national legislators. Contributors to the study co-ordinated by the European Legal Studies Institute at University of Osnabrück with the support of the European Commission’s "Fundamental Rights and Citizenship Programme" include high ranking judges as well as young researchers from across the EU. "As the Commissioner for Justice, Fundamental Rights and Citizenship, I can only praise the pertinent purpose and the methodology of the compendium which underlines the concrete approach the authors adopted." Viviane Reding, Vice-President of the European Commission

Constitutionalization Of European Private Law

Author: Hans-W. Micklitz
Publisher: Oxford University Press (UK)
ISBN: 0198712103
Size: 43.14 MB
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One of the most topical questions in the legal systems is whether and to what extent fundamental rights impact our rights and obligations in our contractual relations. The European Union has integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon. This book highlights whether and to what extent fundamental rights affect the position of citizens generally and in various fields of law, such as private (contractual) law, labour law,financial services, intellectual property rights, and the judicial protection in courts.

Entwurf Eines Neuen Sterreichischen Schadenersatzrechts

Author: Irmgard Griss
Publisher: Springer
ISBN: 9783211308271
Size: 41.39 MB
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Im Juni 2005 stellte eine Expertengruppe ihren Entwurf zur Reform des österreichischen Schadenersatzrechts erstmals der Öffentlichkeit vor. Dieser kompakte Band enthält den aktuellsten Stand der Diskussion sowie ausführliche Hintergrund- und Basisinformationen: Überlegungen, die hinter dem Reformprojekt stehen, Ziele, Grundlinien des Entwurfs sowie vorgeschlagene Regelungen, angestrebte Änderungen und die dazu gewählte Regelungstechnik.

The Common Core Of European Private Law

Author: Mauro Bussani
Publisher: Kluwer Law Intl
ISBN: 9789041118523
Size: 58.42 MB
Format: PDF, ePub
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European private law is in the making. Many scholarly and official projects tackle the many issues that are open in the path of the unfolding of a more uniform European legal culture. None of such projects has been as thorough and patient in trying to develop a general knowledge on how things are today in the landscape of European Private Law as the 'Common Core of European Private Law Project', launched in Trento, Italy in 1993 with the direct involvement of the Late Professor R.B. Schlesinger. Within the Common Core Project, over 200 professionals apply a painstaking comparative analysis of European legal systems in the domain of Contracts, Property and Torts. Every year in Trento leading scholars address the plenary session where the active participants convene to discuss methodological and practical problems that emerge from their collective comparative effort. This book is a collection of the views of the importance and stakes of the making of European Private Law as presented in the papers delivered at the Trento plenary sessions.