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The Harmonization of Civil and Commercial Law in Europe

By Barbara Pasa and Gian Antonio Benacchio

Publication Year: 2015

The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. Engaged in timely and cutting edge research, the authors cast into fine relief the building of a European Common Law. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. In particular, this book seeks to orient lawmakers, as well as those individuals interested in EU law, in the intricacies of consumer protection, contractual law, timesharing, and other important aspects in the harmonization of domestic and EU law books. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

Published by: Central European University Press

Title Page, Copyright

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pp. 2-5

Table of Contents

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pp. v-x

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Introduction

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pp. 1-4

The Harmonization of Civil and Commercial Law in Europe is the second volume in the series A Guide to European Private Law, which is intended to give an account of the building of a new ‘European common law,’ enhanced by the perspective provided by the enlargement process of 2004. ...

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Chapter I: Consumer Protection and the Law of Contracts

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pp. 5-100

“Consumerism” is the term denoting the social phenomenon which plays a central part in the protection of individuals who are consumers in the context of the organization of the global market. ...

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Chapter II: Product Liability

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pp. 101-158

Despite this, the courts of each Member State, applying some provisions of the national Civil Codes, have developed precedents to the point of constructing differing national legal models, which apply in the case of design, production, and distribution of goods capable of causing damage to the individual consumer. ...

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Chapter III: Insurance, Credit, and Financial Industries: Investment, Saving, and Consumer Protection

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pp. 159-264

The insurance industry is among the most dynamic and is about to undergo further important changes. The crisis in the welfare sector and social security, the difficulties in the private and state pension systems, the increasing establishment of a pension culture, and new types of civil liability have brought the demand for insurance to dizzy heights over the last decade. ...

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Chapter IV: Company Law

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pp. 265-408

The Communications, Green Papers, Recommendations and other Community declarations which all form part of the soft law of the Community, usually affirm that the internal market is achieved by means of protecting the four freedoms (movement of persons, services, goods, and capital) and, in particular, through freedom of establishment. ...

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Chapter V: Industrial and Commercial Property Rights

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pp. 409-476

First of all, attention should be drawn to the question of terminology, given that, outside the context of the Community, “intellectual property rights” is favored as the generic expression. ...

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Chapter VI: Competition Law

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pp. 477-556

The meaning and importance which such principles as the free movement of goods, persons, capital, and services (the four fundamental freedoms) have in the development of common policies and Community legal systems, is well known, which have allowed the gradual dismantling of customs barriers ...

List of Abbreviations

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pp. 557-562

Index

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pp. 563-567


E-ISBN-13: 9786155053825
Print-ISBN-13: 9789637326356

Page Count: 577
Publication Year: 2015

Edition: 1st