European Law and National Private Law

Effect of EU Law and European Human Rights Law on Legal Relationships

European law is increasingly important for private law and legal relationships between individuals. This book explores the influence of European law on national private law, in particular the general part of private law.
Druk
1
ISBN
9789013111101
Verschijningsdatum
02 okt 2012
Aantal pagina's
312
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Beschrijving

European law is increasingly important for private law and legal relationships between individuals.

This book explores the influence of European law on national private law, in particular the general part of private law.

The various sources of law are discussed in sequence:

  • the Treaty on the Functioning of the European Union (TFEU)
  • the general principles of Union law
  • directives
  • regulations
  • the European Convention on Human Rights and Fundamental Freedoms (ECHR).

Particular attention is devoted to

  • the review of national private-law legislation against such European legislation asthat has direct effect
  • direct and indirect effect of European law on legal relationships between individuals
  • ex officio application of European law
  • interpretation issues arising as a result of the interaction between European law and national law

Two Annexes deal with

  • European directives that are relevant to general private law
  • rules drawn up at European level which, while not yet law in force, are likely to contribute to the expansion of a European private-law legal system which is clearly taking shape

This book explores new ground and is interesting both for practising lawyers and scholarly reflection.

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