Europeanisation of Private Law Through Directives – Determining Factors and Modalities of Implementation
European Journal of Law Reform, Vol. 11, pp. 305-322, November 2009
Posted: 11 Aug 2010
Date Written: November 1, 2009
The article first describes the appeal of EU law. It continues with the functional and piecemeal approach of EU harmonisation directives. Here the difference between B2B and B2C contracts is illustrated by looking at the scope of the application of different directives. In addition, the concept of minimum standard directives is introduced. Then the article addresses some of the main directives, in particular in the field of consumer contract law. Because the most influential private law directive so far is the Directive on Consumer Sales and Associated Guarantees, its implementation will be analysed in more detail. With regard to method, the influence of EU directives is explained using a model of implementory stages. Since EU private law is still quite fragmentary, the article closes by evaluating the current reform projects.
Keywords: Harmonisation, Private Law Directives, Influence on EU Member States, Implementation of the Consumer Sales Directive 1999/44/EC, Reform Options for Private Law
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