Full harmonization in European private law: A two-track concept

    Research output: Contribution to journalArticleScientificpeer-review

    Abstract

    This article seeks to elaborate a new understanding of full harmonization in European private law as a two-track concept. The Court of Justice of the European Union (CJEU) applies it in two different ways, namely in a ‘result-oriented’ or in a ‘basis of liability’ manner. Connecting them to private law theory, these distinctly different approaches bring to mind a famous dichotomy between common law and civil law systems on the way in which they perceive the relation between rights, wrongs, and remedies. The article proposes that a new understanding of the CJEU’s legal reasoning in light of private law theory can provide new insights for lawmaking in European private law.
    Original languageEnglish
    Pages (from-to)213-235
    JournalEuropean Review of Private Law
    Volume201
    Issue number1
    Publication statusPublished - 2012

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