Primary EU Law and Private Law Concepts starts with the hypothesis that the European Court of Justice has developed concepts in private law cases which differ in substance from the concepts that exist in the private law systems of the Member States. It aims to present developments in the current law of which EU lawyers and private lawyers generally are unaware. It offers ground-breaking analyses of the main private law concepts (the person, property, contract and tort and remedies) as they are used, created or adjusted by the Court. Each analysis results from insights obtained from the substantive meaning of the concepts deployed in the Court’s case law, disconnected from the national meanings of such concepts. The direction of this analysis is from the cases to the concepts, not the other way around: the cases and the facts behind the private law relationships are the starting point. In this way the analyses show in detail how primary EU law influences private law relationships.
This book will be useful for academics, practitioners and students interested in EU private law.
Carla Sieburgh is a Research Professor in Private Law at Radboud University Nijmegen, and an expert in the law of obligations and the interaction of EU law, human rights and private law. She has held several international visiting professorships including Leuven University, University of California and the European University Institute. Carla is a member of The Royal Netherlands Academy of Arts and Sciences and holds degrees in both medicine and law.
Hans-W. Micklitz is Professor of Economic Law at the European University Institute and Distinguished Professor of the Academy of Finland at the University of Helsinki. His field of research is private law, European law, private law theory. Hans was visiting professor at the University of Michigan Ann Arbor and the Somerville College at the University of Oxford. He holds degrees in law and sociology.
‘The interaction between primary EU law and private law is important for legal practice. Until recently it has been largely overlooked in legal research. The experience of the editors Micklitz and Sieburgh in combining EU law and private law research has been the starting point for a challenging project. Together with a team of post-doc researchers they dive into the details of private law relationships influenced by EU law. That approach presents important results both for legal scholarship and legal practice and underlines the necessity of more cooperation between EU law and private law scholars.’
Arthur Hartkamp, Professor of European Private Law, Radboud University, Nijmegen
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