Rules and Principles in European Contract Law
-
Select format
-
- Publisher:
- Intersentia
- Publication date:
- November 2017
- June 2015
- ISBN:
- 9781780685434
- 9781780682570
- Dimensions:
- Weight & Pages:
- Dimensions:
- Weight & Pages:
- Series:
- European Contract law and Theory
- Subjects:
- Law, Contract Law
You may already have access via personal or institutional login- Series:
- European Contract law and Theory
- Subjects:
- Law, Contract Law
Show more authors 
You may already have access via personal or institutional login
Book description
In its case law the Court of Justice of the European Union has acknowledged general principles of EU law, which have a constitutional status. In addition the Court of Justice has also recognised 'general principles of civil law', relying upon values which are traditionally rooted in the domain of private law. The pervasive use of principles, both in the case law of the Court of Justice and in other EU projects of 'soft ' and 'hard' law, challenges legal scholarship. Although the concepts of principles and rules have been widely discussed within the context of national legal orders, they need to be rethought at the European level, because the traditional view of a principle does not fit the European Union's constitutional architecture. This also applies to the general principles of civil law, for instance good faith. They also have to be redefined to be consistent with the European Union's legal order.The contributions in this book examine EU general principles and their distinction from rules both within the context of the European Union as well as of the Member States. Moreover, they focus on the relevance of EU general principles for contract law and of principles of civil law for a European contract law
Contents
Contents
Metrics
Full text views
Full text views helpTotal number of HTML views: 0
Total number of PDF views: 0 *
Loading metrics...
* Views captured on Cambridge Core between #date#. This data will be updated every 24 hours.
Usage data cannot currently be displayed.
Accessibility standard: Unknown
Why this information is here
This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.
Accessibility Information
Accessibility compliance for the PDF of this book is currently unknown and may be updated in the future.