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Full Product Details

Author:   Hans-W. Micklitz ,  Fabrizio Cafaggi
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781848444072

ISBN 10:   1848444079
Pages:   288
Publication Date:   31 March 2010
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: Introduction Hans-W. Micklitz and Fabrizio Cafaggi 1. Towards a European Private Law? The Common Frame of Reference in the Conflict between EC Law and National Laws Alessandro Somma 2. The Interpretation According to Human Rights, Fundamental Freedoms and Constitutional Laws (art. 1:102 DCFR) Giuseppe Vettori 3. The Role of Competition in the European Codification Process Stefan Grundmann 4. The Public/Private Divide in European Law Norbert Reich 5. The Draft Common Frame of Reference: How to Improve it? Jan M. Smits 6. The Empirical Missing Links in the Draft Common Frame of Reference Fernando Gomez 7. A Spontaneous Order for Europe? Why Hayek's Libertarianism is not the Right Way Forward for European Private Law Martijn W. Hesselink 8. The Authority of an Academic `Draft Common Frame of Reference' Nils Jansen 9. Legal Innovation in European Contract Law: Within and Beyond the (Draft) Common Frame of Reference Florian Moeslein 10. Fitting the Frame: An Optional Instrument, Party Choice and Mandatory/Default Rules Horatia Muir Watt and Ruth Sefton-Green Index

Reviews

'The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content - all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable who's whoA"" in the field and it is a terrific read.' - Stephen Weatherill, University of Oxford, UK

'The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content - all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable who's whoA in the field and it is a terrific read.' - Stephen Weatherill, University of Oxford, UK

Author Information

Edited by Hans-W. Micklitz, Professor for Economic Law, the European University Institute and Finland Distinguished Professor, University of Helsinki, Finland and Fabrizio Cafaggi, Professor, Scuola Nazionale dell'Amministrazione, Rome, and Director, Center for Judicial Cooperation, EUI, Florence, Italy

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