The Citizen in European Private Law: Norm-setting, Enforcement and Choice

European Union Law

The Citizen in European Private Law: Norm-setting, Enforcement and Choice

Edited by Caroline Cauffman · Jan M. Smits
Intersentia Publishers March 2016

Specifications

ISBN-13
9781780683737
Publisher
Intersentia Publishers
Publication
March 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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.

Table of Contents

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)
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