Legal Pluralism in European Contract Law

Legal Pluralism in European Contract Law
Author: Vanessa Mak
Publisher: Oxford University Press
Total Pages: 288
Release: 2020-09-11
Genre: Law
ISBN: 0192596691

The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.

Pluralism and European Private Law

Pluralism and European Private Law
Author: Leone Niglia
Publisher: Bloomsbury Publishing
Total Pages: 294
Release: 2013-01-29
Genre: Law
ISBN: 1782250646

European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.

Research Handbook on Legal Pluralism and EU Law

Research Handbook on Legal Pluralism and EU Law
Author: Gareth Davies
Publisher: Edward Elgar Publishing
Total Pages: 437
Release:
Genre: Electronic books
ISBN: 1786433095

The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.

The Emergence of EU Contract Law

The Emergence of EU Contract Law
Author: Lucinda Miller
Publisher: OUP Oxford
Total Pages: 280
Release: 2011-09-22
Genre: Law
ISBN: 0191029645

The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework. One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites.

The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Oxford University Press, USA
Total Pages: 1133
Release: 2020-09-24
Genre: Law
ISBN: 0197516742

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

New Features in Contract Law

New Features in Contract Law
Author: Reiner Schulze
Publisher: sellier. european law publ.
Total Pages: 452
Release: 2007
Genre: Contracts
ISBN: 3866530366

1. Freedom of contract and protection of weaker parties. -- 2. Preparation and formation of the contract. -- 3. Performance and remedies. -- 4. Legal pluralism and international challenges. -- 5. National experience and supranational law.

Principles of European Contract Law

Principles of European Contract Law
Author: Commission on European Contract Law
Publisher: Kluwer Law International B.V.
Total Pages: 330
Release: 2003-03-01
Genre: Law
ISBN: 9041119612

This volume offers proposed Articles, followed by comments and information. Topics include: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set- off, prescription, illegality, and conditions and capitalisation of interest.

The European Union Under Transnational Law

The European Union Under Transnational Law
Author: Matej Avbelj
Publisher:
Total Pages: 178
Release: 2018
Genre: Human rights
ISBN: 9781509911530

The emergence and growth of transnational law -- The theory of principled legal pluralism -- A pluralist conception of the EU -- Transnational law and the rule of law in the EU -- Transnational law and democracy in the EU -- EU law, transnational law, and human rights protection : the case of privacy -- Justice, the EU, and transnational law -- Principled legal pluralism, EU law, and transnational law

Commentaries on European Contract Laws

Commentaries on European Contract Laws
Author: Nils Jansen
Publisher: Oxford University Press
Total Pages: 3650
Release: 2018-07-13
Genre: Law
ISBN: 0192508016

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

The Constitutional Foundations of European Contract Law

The Constitutional Foundations of European Contract Law
Author: Kathleen Gutman
Publisher: Oxford University Press, USA
Total Pages: 561
Release: 2014-03
Genre: Law
ISBN: 0199698309

Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.