Catalogue


Constitutionalisation of private law [electronic resource] /
by Tom Barkhuysen and Siewert Lindenbergh, editors.
imprint
Leiden ; Boston : Martinus Nijhoff Publishers, c2006.
description
viii, 133 p. ; 25 cm.
ISBN
9004148523 (hd. bd.), 9789004148529
format(s)
Book
More Details
imprint
Leiden ; Boston : Martinus Nijhoff Publishers, c2006.
isbn
9004148523 (hd. bd.)
9789004148529
restrictions
Licensed for access by U. of T. users.
contents note
Introduction / Tom Barkhuysen and Siewert Lindenbergh -- Fundamental rights talk : an enrichment of legal discourse in private law? / Hans Nieuwenhuis -- Private law and fundamental rights : a sceptical view / Jan Smits -- Some thoughts on the impact of fundamental rights on Dutch company law / Vino Timmerman -- Applicability of fundamental rights in private law : what is the legislature to do? : an intermezzo from a constitutional point of view / Wim Voermans -- Constitutionalisation of private law : the European Convention on Human Rights perspective / Tom Barkhuysen and Michiel Van Emmerik -- Constitutionalisation of private law : the German perpective / Gert Br├╝ggemeier -- The constitutionalisation of private law in the UK : is there an emperor inside the clothes? / Stathis Banakas -- The constitutionalisation of private law in the Netherlands / Siewert Lindenbergh.
general note
At head of title: E.M. Meijers Institute of Legal Studies.
catalogue key
11664522
 
Includes bibliographical references and index.
A Look Inside
Reviews
This item was reviewed in:
Reference & Research Book News, November 2006
To find out how to look for other reviews, please see our guides to finding book reviews in the Sciences or Social Sciences and Humanities.
Summaries
Description for Reader
Private Law Practitioners (lawyers, judges), University Scholars
Long Description
All over Europe we witness a spectacular rise of the recourse to fundamental rights in debates on civil liability. This is part of a pervasive process of constitutionalisation, of private law in general and tort law in particular.This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands. This analysis will be followed by answering the questions: How are these developments to be judged? Does the C-factor seriously undermine the autonomy of private law ('The purpose of private law is simply to be private law', Ernest J. Weinrib, The Idea of Private Law)? And if so, does it matter? How are we to handle the C-factor? Should we embrace it wholeheartedly, or rather adopt a policy of being neglect or even try to eradicate it altogether?
Main Description
All over Europe we witness a spectacular rise of the recourse to fundamental rights in debates on civil liability. This is part of a pervasive process of constitutionalisation, of private law in general and tort law in particular. This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands. This analysis will be followed by answering the questions: How are these developments to be judged? Does the C-factor seriously undermine the autonomy of private law ( The purpose of private law is simply to be private law , Ernest J. Weinrib, The Idea of Private Law)? And if so, does it matter? How are we to handle the C-factor? Should we embrace it wholeheartedly, or rather adopt a policy of being neglect or even try to eradicate it altogether?
Table of Contents
Fundamental rights talk : an enrichment of legal discourse in private law?p. 1
Private law and fundamental rights : a sceptical viewp. 9
Some thoughts on the impact of fundamental rights on Dutch company lawp. 23
Applicability of fundamental rights in private law : what is the legislature to do? : an intermezzo from a constitutional point of viewp. 33
Constitutionalisation of private law : the European Convention on Human Rights perspectivep. 43
Constitutionalisation of private law - the German perspectivep. 59
The constituionalisation of private law in the UK : is there an emperor inside the new clothes?p. 83
The constitutionalisation of private law in the Netherlandsp. 97
Table of Contents provided by Blackwell. All Rights Reserved.

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