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

Author: Caroline Cauffman; Jan M. Smits
Publisher: Intersentia Publishers
ISBN: 9781780683737
Published In: March 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

Introduction (p.

PART I: CHOICE AND REGULATORY COMPETITION

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

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)