Book: Reich on General Principles of EU Civil Law
Intersentia Publishing has published the following:
General Principles of EU Civil Law by Norbert Reich.
General Principles of EU Civil Law focuses on a rapidly
developing but still highly controversial area of EU law: the emergence of
general principles with constitutional relevance for EU civil law, guiding its
interpretation, gap filling and legality control. This study brings to light seven
principles in the case law of the Court of Justice of the European Union and in
the Charter of Fundamental Rights. Principles 1 to 3 on framed autonomy,
protection of the weaker party and non-discrimination are now part of
substantive EU law, mainly contract law. Principle 4 on effectiveness, together
with the principle of equivalence, is an “old acquaintance” of EU law and has
mostly to do with procedures but can also be extended to cover substantive and
remedial matters. Principles 5 and 6 on balancing and proportionality are
primarily concerned with methodological questions: the first has to do with
judicial interpretation and application of EU civil law, the second with
legal-political questions on the future of a (questionable) codified or
optional EU civil law, in particular sales law. Finally, principle 7 on good
faith is still an emerging principle but is gradually gaining importance.
This book will allow the reader to understand and to assess
the current evolution of EU civil law in days where its autonomous character is
increasingly recognised in the case law of the Court, and where the Charter is
having a growing impact on its constitutional foundations.
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