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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 …