The emergence of EU contract law : exploring Europeanization /

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Bibliographic Details
Author / Creator:	Miller, Lucinda.
Imprint:	Oxford ; New York : Oxford University Press, c2011.
Description:	xxii, 255 ; 25 cm.
Language:	English
Series:	Oxford studies in European law Oxford studies in European law.
Subject:	Contracts -- European Union countries. Contracts. Europe -- European Union countries.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/8548505

Hidden Bibliographic Details
Varying Form of Title:	Emergence of European Union contract law
ISBN:	9780199606627 (cloth : alk. paper) 0199606625 (cloth : alk. paper)
Notes:	Includes bibliographical references (p. [229]-249) and index.
Summary:	"The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework. One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites"--Provided by publisher.

Table of Contents:

Tables of Cases
European Union Legislation and Official Documents
National Legislation and Documentation
European and International Treaties
National Reports
1. The Notion of Europeanization and the Significance of Transnational Private Lawmaking
Introduction
Unpacking the concept of 'Europeanization'
The challenges of transnational lawmaking
2. The Emergence of EU Contract Law
Introduction
The genesis of a European contract law
Legitimacy of the consumer contract law programme
3. The EU Sales Directive: Analysis of an Encounter Between EU and Domestic Law
Introduction
An introduction to the Directive
Remedies and rights
The maximum/minimum harmonization debate
Conformity
Lessons from the Sales Directive
4. A Way Forward for European Contract Law?
Introduction
A broader programme of EU contract law
The Common Frame of Reference
The Review of the Consumer Acquis
The future of the DCFR and CFR
5. European Contract Law and Multi-Level Europe
Introduction
Recognizing the multi-level architecture in Europe
Methodological nationalism and its limitations
Multi-level private law and the academic
6. Europeanization and Diversity
Introduction
Diversity and the internal market
Legal pluralism
Coordination
7. Exploring Europeanization: Conclusions
Role of EU institutions in the creation of European contract law
National transformations
A plea for diversity
Bibliography
Index

The emergence of EU contract law : exploring Europeanization /

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