The Citizen in European Private Law

In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law.
Editor(s):
Caroline Cauffman, Jan M. Smits
Series:
Ius Commune Europaeum
Volume:
146
book | published | 1st edition
March 2016 | xvi + 198 pp.

Paperback
€49.-


ISBN 9781780683737


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Details

In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised. Until now, however, few attempts have been made to look at these phenomena together with a view to arriving at conclusions that go beyond one specific field. This book is a first attempt to fill this gap. It is relevant for scholars and practitioners working in the individual fields of law covered (private international law, company law, family law, consumer law and commercial law) as well as for scholars and policy makers trying to grasp the overall nature of the increasing privatisation of the law.

Chapters

Table of Contents (p. 0)

Introduction (p. 1)

PART I: CHOICE AND REGULATORY COMPETITION

Choice and Regulatory Competition. Rules on Choice of Law and Forum (p. 7)

Party Autonomy in International Family Relationships: A Research Agenda (p. 23)

Corporate Mobility in the European Union – A Flash in the Pan? An Empirical Study on the Success of Lawmaking and Regulatory Competition (p. 49)

Corporate Mobility in the European Union – An Analysis of Ringe’s Empirical Research on the Success of Law Making and Regulatory Competition (p. 91)

PART II: NORM-SETTING AND ENFORCEMENT

Private Actors as Norm-Setters through Choice-of-Law: The Limits of Regulatory Competition (p. 97)

Private Norm-Setting in Family Law, More Specifically: Private Norm-setting amongst Religious Communities in Family Law Issues (p. 121)

Enchained Marriages: Is there a Way out? (p. 133)

An Introduction to Alternative Dispute Resolution (ADR) for Consumers in Europe (p. 141)

Critical Remarks on the ADR Directive (p. 155)

Normative Frameworks in Commercial Dispute Resolution: The Role of Legal and Non-legal Norms in Mediation and Adjudication (p. 161)

Law or Social Ordering: A Choice for Commercial Parties in Dispute Resolution? A Comment on Kornet (p. 185)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

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Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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