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The Harmonization of Civil and Commercial Law in Europe

The Harmonization of Civil and Commercial Law in Europe

Barbara Pasa
Gian Antonio Benacchio
Translated by Lesley Orme
Copyright Date: 2005
Edition: NED - New edition, 1
Pages: 577
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  • Book Info
    The Harmonization of Civil and Commercial Law in Europe
    Book Description:

    The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. Engaged in timely and cutting edge research, the authors cast into fine relief the building of a European Common Law. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. In particular, this book seeks to orient lawmakers, as well as those individuals interested in EU law, in the intricacies of consumer protection, contractual law, timesharing, and other important aspects in the harmonization of domestic and EU law books. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

    eISBN: 978-615-5053-82-5
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-xi)
  3. Introduction
    (pp. 1-4)
    Gian Antonio Benacchio and Barbara Pasa

    The Harmonization of Civil and Commercial Law in Europe is the second volume in the series A Guide to European Private Law, which is intended to give an account of the building of a new ‘European common law,’ enhanced by the perspective provided by the enlargement process of 2004.

    The book is dedicated to reconstructing the important parts in the formation of the new, common, private law, which is no longer domestic, but European (or Community) in nature: consumer protection and contract law, product liability, the insurance, credit and finance industries, company law, industrial and commercial property rights and competition...

  4. CHAPTER I Consumer Protection and the Law of Contracts
    (pp. 5-100)

    “Consumerism” is the term denoting the social phenomenon which plays a central part in the protection of individuals who are consumers in the context of the organization of the global market.

    A standardized definition of consumer is difficult to identify: in legal terms, a consumer is a natural person who acquires goods or services to meet personal or family needs, but not professional ones. As defined in terms of economics and social sciences, the consumer is a passive element in the system of mass production and distribution, given the superior bargaining power of business, and is exposed to the external...

  5. CHAPTER II Product Liability
    (pp. 101-158)

    No country in the European Union had had specific legislation on product liability before the 1985 Directive.¹

    Despite this, the courts of each Member State, applying some provisions of the national Civil Codes, have developed precedents to the point of constructing differing national legal models, which apply in the case of design, production, and distribution of goods capable of causing damage to the individual consumer. Furthermore, European States transplanted the USA legal rules at least to a certain degree.

    In the USA, the law on product liability has changed from that of caveat emptor (“let the buyer beware”) to strict...

  6. CHAPTER III Insurance, Credit, and Financial Industries: Investment, Saving, and Consumer Protection
    (pp. 159-264)

    The insurance industry is among the most dynamic and is about to undergo further important changes. The crisis in the welfare sector and social security, the difficulties in the private and state pension systems, the increasing establishment of a pension culture, and new types of civil liability have brought the demand for insurance to dizzy heights over the last decade.

    The movement of capital in the form of the collection of insurance and savings-policy premiums is huge, and the role of insurance companies is often a determining factor in the economy of Member States.

    While the European insurance culture cannot...

  7. CHAPTER IV Company Law
    (pp. 265-407)

    The Communications, Green Papers, Recommendations and other Community declarations which all form part of the soft law of the Community, usually affirm that the internal market is achieved by means of protecting the four freedoms (movement of persons, services, goods, and capital) and, in particular, through freedom of establishment.

    Since the end of 1995, see: Communication of November 14th 1995 on worker information and consultation, COM (95) 547; Communication on accounting harmonization: a new strategy visà-vis international harmonization, COM (95) 508; Communication of September 10th 1997 on participating of EEIGs in public contracts and programs financed by public founds, O.J.,...

  8. CHAPTER V Industrial and Commercial Property Rights
    (pp. 409-475)

    First of all, attention should be drawn to the question of terminology, given that, outside the context of the Community, “intellectual property rights” is favored as the generic expression.

    In art. 30 (ex art. 36) TEC, the expression “industrial and commercial property” is used to denote one of the reasons justifying some limitation on the free movement of goods, but does not define what it means.

    Art.30 TEC: “The provisions of Articles 28 and 29 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the...

  9. CHAPTER VI Competition Law
    (pp. 477-556)

    From the beginning, the European Economic Community has placed importance on free competition as a sine qua non of common economic policy.

    The meaning and importance which such principles as the free movement of goods, persons, capital, and services (the four fundamental freedoms) have in the development of common policies and Community legal systems, is well known, which have allowed the gradual dismantling of customs barriers and the overcoming, albeit with great difficulty, of obstacles standing in the way of achieving these freedoms. The synergy created between these fundamental freedoms and the convergence between these and competition policy are made...

  10. List of Abbreviations
    (pp. 557-561)
  11. Index
    (pp. 563-567)
  12. Back Matter
    (pp. 568-568)