The Struggle for European Private Law: A Critique of Codification

Author: Leone Niglia
Publisher: Hart Publishing
ISBN: 9781509913824

Published In: February 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849462600

List Price: HKD 415.87

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Description
Contents

Details

The European codification project has gathered pace rapidly in recent times. This new book considers the codification project in light of a series of broader analytical frameworks - comparative, historical and constitutional - which make modern codification intelligible.

This new reading renders the European codification project (currently being promoted through the common frame of reference and the optional sales law code proposal) vulnerable to constitutionally grounded criticism, traceable to normative considerations of private law authority and legitimacy.

Leone Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent worldviews, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law.

The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission - noting a new turn in the struggle over the configuration of private law that has taken place since the age of codification.

Code

I . Advent of the European Code Project (1989 to Today)

II . Portraying the European Code Project

III . Genealogy of the European Code-Text: Of Continuity and Discontinuity in European Legal Thought from Lando's Principles to the DCFR

IV . F unction of the European Code-Text. The Return of Code-based Universalisation and Disciplining

V . On the Need to Explore the Codification Phenomenon from the Perspective of the Wider Range of Jurisprudential Forces

Jurisprudence

I . Introduction

II . Development of a Pluralist Private Law out of Classical Jurisprudence

III . Pluralism Beyond the State: The Development of a European Private Law Jurisprudence out of Domestic Structures

Code vs Jurisprudence

I . Regimenting the Living Jurisprudence qua Europe's Constitutional Pluralism