European law and national private law

Arthur Hartkamp

• 01 oktober 2012
• 9789013111101

Samenvatting:

European law is increasingly important for private law and legal relationships between individuals. This book explores the infl uence of European law on national private law, in particular the general part of private law. The various sources of law are discussed in sequence: - the Treaty on the Functioning of the European Union (TFEU) - the general principles of Union law - directives - regulations - the European Convention on Human Rights and Fundamental Freedoms (ECHR). Particular attention is devoted to - the review of national private-law legislation against European legislation that has direct eff ect - direct and indirect eff ect of European law on legal relationships between individuals - ex offi cio application of European law - interpretation issues arising as a result of the interaction between European law and national law Two Annexes deal with - European directives that are relevant to general private law - rules drawn up at European level which, while not yet law in force, are likely to contribute to the expansion of a European private-law legal system which is clearly taking shape This book explores new ground and is interesting both for practising lawyers and scholarly refl ection.