Abstract

http://ssrn.com/abstract=1960653
 


 



Full Harmonization in European Private Law: A Two-Track Concept


Vanessa Mak


Tilburg Law School

November 16, 2011

European Review of Private Law, Forthcoming

Abstract:     
This article seeks to elaborate a new understanding of full harmonization in European private law as a two-track concept. The Court of Justice of the European Union (CJEU) applies it in two different ways, namely in a ‘result-oriented’ or in a ‘basis of liability’ manner. Connecting them to private law theory, these distinctly different approaches bring to mind a famous dichotomy between common law and civil law systems on the way in which they perceive the relation between rights, wrongs and remedies. The article proposes that a new understanding of the CJEU’s legal reasoning in light of private law theory can provide new insights for law-making in European private law.

Number of Pages in PDF File: 40

Keywords: Full harmonization, private law theory, CJEU, unfair commercial practices, product liability

Accepted Paper Series





Download This Paper

Date posted: November 17, 2011  

Suggested Citation

Mak, Vanessa, Full Harmonization in European Private Law: A Two-Track Concept (November 16, 2011). European Review of Private Law, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1960653

Contact Information

Vanessa Mak (Contact Author)
Tilburg Law School ( email )
Tilburg, 5000 LE
Netherlands
Feedback to SSRN


Paper statistics
Abstract Views: 444
Downloads: 166
Download Rank: 107,839

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.297 seconds