In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.Nevertheless the PECL still provide a rather a#39;learneda#39; view of contract law. Their structure reveals that they were drafted by academics. Barendrecht has suggested a different, more inductive approach176. In his view a codifier should start byanbsp;...
|Title||:||The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe|
|Publisher||:||Kluwer Law International - 2002-10-16|