Powered by OpenAIRE graph
Found an issue? Give us feedback
https://doi.org/10.1...arrow_drop_down
https://doi.org/10.1017/978131...
Part of book or chapter of book . 2017 . Peer-reviewed
Data sources: Crossref
Cadmus, EUI Research Repository
Part of book or chapter of book . 2017
versions View all 2 versions
addClaim

This Research product is the result of merged Research products in OpenAIRE.

You have already added 0 works in your ORCID record related to the merged Research product.

The Transformation of Private Law

Authors: MICKLITZ, Hans-Wolfgang;

The Transformation of Private Law

Abstract

Online publication date: October 2017 In looking into private law I will distinguish between the traditional private law enshrined in national codifications (the French Code Civil, the German BGB, the Italian Codice Civile) or in the common law system and the regulatory private law which became visible first in the regulatory state of the early twentieth century and later in the welfare state of the second half of the twentieth century through an assemblage of particular laws and regulations dealing either with horizontal status–related issues such as the rights of workers, tenants, or consumers and vertical topic or sector-related issues in the field of regulated markets, such as telecom, energy, postal services, transport, financial services, health care, and education, just to name the most important ones. My hypothesis is the following: Member States are ready in their overwhelming majority to promote European integration in the Council of Ministers through the development of European regulatory private law aimed at laying down ground rules for contract-making and product liability to the benefit of particular right holders as well as to shape sectorial markets. However, the very same Member States voice critique and resistance whenever the EU via law-making or via judicial interference tends to Europeanise traditional private law, thereby touching on the national ‘identity’ of the Member States (Art. 4 TEU). The distinction between the two areas of private law and their linkage to the exit/voice paradigm explains why the process of European integration through regulatory private law continues smoothly, steadily, and overall rather quietly whereas the political project of a European Civil Code seems to lead to deadlock.

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!