The Harmonization of Civil and Commercial Law

The Harmonization of Civil and Commercial Law

The Harmonization of Civil and Commercial Law

The Harmonization of Civil and Commercial Law

Synopsis

"This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration, and although acting independently, it represents the second book in A Guide to European Private Law." Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Excerpt

The Harmonization of Civil and Commercial Law in Europe is the second volume in the series A Guide to European Private Law, which is intended to give an account of the building of a new ‘European common law,’ enhanced by the perspective provided by the enlargement process of 2004.

The book is dedicated to reconstructing the important parts in the formation of the new, common, private law, which is no longer domestic, but European (or Community) in nature: consumer protection and contract law, product liability, the insurance, credit and finance industries, company law, industrial and commercial property rights and competition law.

We look at those Community measures which affect the so-called ’one-sided business transactions,’ and impinge on the bulk of private law of national legal systems, i.e. the law of contracts and the law of torts. The aim of the enquiry is substantive law only, as we are not considering rules relating to private international law. Moreover, we comment on those Community measures which affect ‘business transactions’ in which only professionals participate, the so-called ‘commercial contracts.’

The areas of substantive private law which are subject to harmonization, with which we shall be concerned in this book, are as follows: 1. Competition law. It is par excellence the classic theme of private Community law, which has engaged the Community institutions most profoundly from the beginning—the Council, the Commission, the Court of Justice. It is the field which has always characterized European Community activity and has demonstrated the great capacity to create new law which is effective and above all, uniform. The exclusive activity of the Commission, charged with ensuring compliance with the competition rules and with investigating cases of suspected infringements or behavior which do not conform, together with the rulings of the Court of Justice, which has jurisdiction in disputes relating to decisions of the Commis-

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