Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (2)
- International Law (2)
- Commercial Law (1)
- Conflict of Laws (1)
- Constitutional Law (1)
-
- Consumer Protection Law (1)
- Contracts (1)
- Dispute Resolution and Arbitration (1)
- Economics (1)
- International Relations (1)
- International Trade Law (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Law and Economics (1)
- Law and Society (1)
- Litigation (1)
- Political Economy (1)
- Political Science (1)
- Privacy Law (1)
- Rule of Law (1)
- Social and Behavioral Sciences (1)
- Institution
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
The Cambridge Companion To European Union Private Law, Daniela Caruso
The Cambridge Companion To European Union Private Law, Daniela Caruso
Shorter Faculty Works
Well into its teens by now, the private law of the European Union has its own companion. The very appearance of a publication of this sort is indeed a coming-of-age moment for a discipline whose existence was hard to fathom until the 1980s. Member states’ judges and lawyers have come full circle, from resisting European Union private law as an intrusion into a quintessentially national sphere, to embracing it as a natural consequence of market integration. The question is no longer whether or not to approximate the private laws of the member states. The question is how to do it. …
Top-Down Or Bottom-Up? A Look At The Unification Of Private Law In Federal Systems, Daniel Halberstam, Mathias Reimann
Top-Down Or Bottom-Up? A Look At The Unification Of Private Law In Federal Systems, Daniel Halberstam, Mathias Reimann
Book Chapters
At its current stage, European private law is still more an aspiration than a reality. It is true that there is a substantial body of European private law on the Union level; and it is also true that there are private law principles and rules shared by many—often by most, and sometimes even by all—European legal systems. Still, in most areas, we do not at present have one body of positive private law for all of Europe, but rather a coexistence of more or less similar national laws. Thus, to the extent one considers a European private law desirable, one …
The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand
The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand
Articles
This chapter was presented at a conference in Dublin on the (then) new Rome I Regulation of the European Union in the fall of 2009. It contrasts the Rome I rules on party autonomy with those in the United States. In particular, it considers the rules in the Rome I Regulation that ostensibly protect consumers by discouraging party agreement on a pre-dispute basis to the law governing a consumer contract. These rules are compared with the absence of private international law restrictions on choice of forum and choice of law in the United States, even in consumer contracts. The result …