The Emergence Of Eu Contract Law: Exploring Europeanization (oxford Studies In European Law)
by Lucinda Miller /
2012 / English / PDF
1.2 MB Download
The emergence of a pan-European contract law is one of the most
significant legal developments in Europe today.
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
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.
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.
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.