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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    private law
    European Law
    harmonization
    court of justice
    civil law
    common law
    liability
    remedies

    Cite this

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    title = "Full harmonization in European private law: A two-track concept",
    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.",
    author = "V. Mak",
    year = "2012",
    language = "English",
    volume = "201",
    pages = "213--235",
    journal = "European Review of Private Law",
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    }

    Full harmonization in European private law : A two-track concept. / Mak, V.

    In: European Review of Private Law, Vol. 201, No. 1, 2012, p. 213-235.

    Research output: Contribution to journalArticleScientificpeer-review

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