Towards European private law: Europeanization of private law

Liabilities in Private Law

This article elaborates upon and defends the distinction between “primary duty” claims and “primary liability” claims in private law introduced in a previous article. In particular, I discuss the relevance of the distinction to the debates over fault and strict liability and “duty skepticism” and to the relationship between primary and remedial rights. I argue that the tendency to assume that a...

Why We Have No Theory of European Private Law Pluralism

The recent popularity of legal pluralism has now reached the area of European private law. In this paper I scrutinize the concepts of legal pluralism used by three of its most prominent proponents: Pierre Legrand, Jan Smits, and Thomas Wilhelmsson. I do not offer fully-fledged criticism of their theories (each of which are among the most fascinating and helpful in the European private law debat...

Distributive Injustice and Private Law

evasion of law in private international law

it is generally accepted that no one is allowed to abuse his legal rights accorded by a country for evasion from some limitations provided by the same country and several laws and verdicts have considered and confirmed this requirement as a rule. nevertheless there is neither common sense about neither the conditions under which such a rule may be applied nor the reactions to be taken against s...

European Court of Justice Case Law as a Means of Unification of Private Law?

This Essay does not focus on the feasibility of an European Community (”EC”) civil code, but rather addresses questions of substance relating to the law of obligations, that is, the law of contract and tort, leaving aside the law of property and family law. Nevertheless, I must state that I do not believe in the feasibility of a uniform Civil Code for the European Community. Rather than employi...