Letto-Vanamo / Smits Coherence and Fragmentation in European Private Law

1. Auflage 2012
ISBN: 978-3-86653-965-5
Verlag: Otto Schmidt
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 180 Seiten, Format (B × H): 141 mm x 224 mm

One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.

Autoren/Hrsg.

Letto-Vanamo, Pia

Smits, Jan

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Privat- und Vertragsrecht

Inhaltsverzeichnis

1;Preface;6
2;Introduction;10
3;Coherence and Fragmentation in the Law of Contract;18
4;Quasi-coherence by Harmonisation of EU Competition Law-related Damages Actions?;34
5;Legal Coherence as a Prerequisite for a Single European Insurance Market;52
6;Accommodating Intellectual Property in Competition Policy: Approaches for Advancing the Shared Goal of Innovation;68
7;From Coherent to Fragmented and Europeanized Nordic Marketing Law;92
8;Coherence through Uniform Private International Law of Property;110
9;Collision Between the Economic and the Social – What Has Private International Law Got to Do with It?;134
10;Fragmentation and Coherence of Law – a Historical Approach;160