The Unfathomable Nature and Future of the European Private Law Project
China-EU Law Journal, vol. 2, Nos. 1-2, pp. 69-94 (Sept. 2013)
Posted: 23 Nov 2013
Date Written: September 2, 2013
Abstract
The article focuses on the historically unparalleled yet already unfolding and – especially by non-Europeans – hardly fathomable multidimensional process referred to by the generic term of European Private Law Project. Two main groups of problems make its meaning blurred: its ambivalent and heterogeneous nature and the distortions caused by the lack of consensus on the future of private law in Europe. It extends not just to the harmonization efforts of the European Union, or to such soft-law, Civil Code-like instruments produced by scholars as the Draft Common Frame of Reference, but also to many other less visible and thus neglected ways of diffusion and rapprochement of law. An important segment of the Project is also the ongoing discourse on the need and viability of a common European Civil Code.
Keywords: harmonization of private law, European research projects, DCFR, secured transactions law reforms, the limits of conflicts of law, Common European Sales Law
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