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

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Intersentia nv, Jan 1, 2002 - Law - 306 pages
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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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Contents

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
Copyright

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About the author (2002)

Smits-Prof of Law & tech at Eindhoven univ of tech

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