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- European Contract Law (4)
- Unjustified Enrichment (4)
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- Unjustified Enrichment - Negotiorum gestio - European Private Law (2)
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- Common European Sales Law (CESL) (1)
- Common European Sales Law - Choice of Law - International Private Law (1)
- Damages - compensation - unjustified enrichment - restitution (1)
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- Principles of European Law (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Principles Versus Rules In The Emerging European Contract Law, Pietro Sirena, Yehuda Adar
Principles Versus Rules In The Emerging European Contract Law, Pietro Sirena, Yehuda Adar
Pietro Sirena
The authors propose to take principles "seriously", by understanding them in the framework of the well-known Dworkinian theory of law. As showed by their constitutional link to human rights and fundamental freedoms, "principles" would therefore be opposed to "rules". At the European level particularly, principles would encapsulate the common core of the laws of the Member States and (especially with regard to subsidiarity and proportionality) would set the conditions for it to be applied by the Court of Justice. "Principles" would promote the goal of European legal unity by reinforcing what national laws already have in common, while "rules" enacted …
La Dialettica Di Principî E Regole Nel Diritto Europeo Deicontratti: Dal Pecl Al Cesl, E Oltre, Pietro Sirena
La Dialettica Di Principî E Regole Nel Diritto Europeo Deicontratti: Dal Pecl Al Cesl, E Oltre, Pietro Sirena
Pietro Sirena
The article aims at challenging the current definitions of the principles of law from the point of view of the European legal system. Its multi-levelled structure and its constitutional architecture, strongly based on the subsidiarity of the European Union, call for a new understanding of its principles. The authors of the article assume that the principles of European law are to be identified with the common core of the national legal orders, i.e. with the ius commune Europaeum, and with the constitutional condition of its application by the European Court of Justice. Such principles should be obtained through the critical …
Il Contratto Alieno Del Diritto Comune Europeo Della Vendita (Cesl), Pietro Sirena
Il Contratto Alieno Del Diritto Comune Europeo Della Vendita (Cesl), Pietro Sirena
Pietro Sirena
No abstract provided.
Principles And Rules In The Emerging European Contract Law: From The Pecl To The Cesl, And Beyond, Pietro Sirena
Principles And Rules In The Emerging European Contract Law: From The Pecl To The Cesl, And Beyond, Pietro Sirena
Pietro Sirena
Legal principles play an important role in any system of law. Following the ECJ, the Treaties of the European Union have embraced the concept of "principles of law", mainly as a means to guarantee individual and human rights in public and constitutional law. More recently, however, the ECJ has come to recognize as "general principles" private law and contract law norms and values. Furthermore, the notion of "principles" has played a key-role in impressive unification works which are aimed at promoting harmonization of national laws in Europe, such as the PECL and the DCFR. The proposed CESL also opens with …
La Prospettiva Dei Rimedi Nel Diritto Privato Europeo, Pietro Sirena
La Prospettiva Dei Rimedi Nel Diritto Privato Europeo, Pietro Sirena
Pietro Sirena
No abstract provided.
Towards A European Law Of Unjustified Enrichment, Pietro Sirena
Towards A European Law Of Unjustified Enrichment, Pietro Sirena
Pietro Sirena
Though historically recent, a European law of unjustified enrichment is already existing and embraces both contractual and extra-contractual restitution, which however are governed by different rules and shall not therefore lose their own specificity. In contractual restitution, the remedy is based on the general principle of unjustified enrichment (both in civil and in common law by now) and has a very large field of application: unlike the German model followed by the DCFR, distinguishing between avoided and terminated contracts is not necessary from the point of view of restitution of performances rendered by the parties (as demonstrated by the CESL), …
The Rules About Restitution In The Proposal On A Common European Sales Law, Pietro Sirena
The Rules About Restitution In The Proposal On A Common European Sales Law, Pietro Sirena
Pietro Sirena
Under the point of view of restitution law, the proposal on a CESL, part VII, draws a parallel between terminated and avoided contracts, which is much more convincing than the binary model followed by the DCFR. It is, however, necessary to make this set of rules consistent with the general principle of unjustified enrichment, which according to European law represents its underpinning. In the article, a series of corrections are suggested to reach that goal.
La Restituzione Del'arricchimento E Il Risarcimento Del Danno, Pietro Sirena
La Restituzione Del'arricchimento E Il Risarcimento Del Danno, Pietro Sirena
Pietro Sirena
No abstract provided.
La "Portabilità Del Mutuo" Bancario O Finanziario, Pietro Sirena
La "Portabilità Del Mutuo" Bancario O Finanziario, Pietro Sirena
Pietro Sirena
No abstract provided.