The common core of European private law

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Kluwer Law International, 2003 - Law - 231 pages
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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.

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Contents

Table of Contents
1
Reflections on The Common Core of European Private Law
9
Israeli Law as a Mixed System Between Common Law
15
F GOOD FAITH
22
A Memorial Address for Rudolf Schlesinger Ulrich Drobnig
29
The Unification of Law Melvin A Eisenberg
35
Aspirational Elements
39
North America as a Medieval Legal Construction H Patrick
49
Hondius
79
HOW TO PROCEED
87
46
94
The Common Core of European Private Law in Boxes
111
51
118
The Politics and Methods of Comparative Law David
131
Allocate the similarities and differences which remain variously
145
61
169

THE NAFTA SLIPSTREAM
55
Mapping Private Law James R Gordley
61
Perspectives for the Development of a European Civil Law
67
Prospects for
69
vi
76
THE POLITICS OF CONTEMPORARY
186
What Are
199
Is There a Transatlantic Common Core of Judicial
213
Index
227

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About the author (2003)

Mauro Bussani is Professor of Law at the University of Trieste.

Professore Ordinario di Diritto Civile, Universita di Torino; Alfred and Hanna Fromm Professor of International and Comparative Law, University of California, Hastings College of Law.

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