How European is European private international law?
KIENINGER EVA-MARIA Eva-Maria , VON HEIN Jan , RUHL Giesela
Description du produit
- Catégories: Droit International Privé
- Editeur: Intersentia Uitgevers
- ISBN: 9781780686981
- Date de publication: 06/09/2019
- Reliure : Broché
- Nombre de page : 376
- Langue: Anglais
Résumé
Over the course of the last few decades, the European legislature has
adopted a total of 18 Regulations in the area of private international
law, including civil procedure. The resulting substantial legislative
unification has been described as the first true ‘Europeanisation’ of
private international law, and even as a kind of ‘European Choice of Law
Revolution’. However, it remains largely unclear whether the
far-reaching unification of the ‘law on the books’ has turned private
international law into a truly European ‘law in action’: To what extent
is European private international law actually based on uniform European
rules common to all Member States, rather than on state treaties or
instruments of enhanced cooperation? Is the manner in which academics
and practitioners analyse and interpret European private international
law really different from previously existing domestic approaches to
private international law? Or, rather, is the actual application and
interpretation of European private international
law still
influenced, or even dominated, by national legal traditions, leading to a
re-fragmentation of a supposedly uniform body of law?
In bringing together academics from all over Europe, How European is European Private International Law? sets
out to answer – for the first time – these crucial and interrelated
questions. It sheds light on the conspicuous lack of ‘Europeanness’
currently symptomatic of European private international law and
discusses how this body of law can become truly European in character in
the future.