Private Law within the Process of Europeanization

Maciej Szpunar

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Chapter 2 Private Law within the Process of Europeanization

于The Constitutionalization of Private Law versus the Europeanization of Private Law

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Maciej Szpunar

Maciej Szpunar
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类型:: 章节

Page Range:: 55–70

DOI:: https://doi.org/10.1163/9789004688971_004

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Abstract

The author refers to the classic division between public and private law. As he notes, the phenomenon of constitutionalization applies to both public law and private law. The author is of the opinion that the constitutionalization of private law necessitates the adoption of a certain methodology combining the methods typical of public law and private law. Therefore, eclecticism is a characteristic feature of this methodology.

The author notes that constitutionalization in relation to public law is something obvious. The constitution itself was traditionally considered as a component of public law, as a legal act regulating vertical relations, i.e. between the public authority and the citizen. The constitutionalization of public law does not raise as many controversies as the constitutionalization of private law.

The author poses a question about the place of private law in the EU legal system.

A feature of contemporary EU law is its hybridity. In many institutions and legal relationships, elements typical of private and public law are intertwined. Similarly to the phenomenon of constitutionalization, Europeanization also blurs the boundaries between private and public law. As a consequence, the Europeanization of private law, like constitutionalization, is also an example of methodological eclecticism.

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The Constitutionalization of Private Law versus the Europeanization of Private Law

A Legal Study Based on the Example of Selected Countries of Central and Eastern Europe Belonging to the European Union

丛编： Constitutional Law Library, 卷： 8

Cover The Constitutionalization of Private Law versus the Europeanization of Private Law

ISBN:: 9789004688971

出版社:: Brill | Nijhoff

印刷出版日期:: 27 Jan 2025

Subjects
- International Law
  - EU Law
  - Constitutional Law
- Social Sciences
  - Comparative Social Sciences

Front Matter

Part 1 General Considerations on the Constitutionalization and Europeanization of Private Law in the EU Context

Part 2 General Considerations on the Constitutionalization and the Europeanization of Private Law in the Context of the Law and Legal Science of Selected EU Countries of Central and Eastern Europe

Part 3 Considerations on Detailed Issues of Private Law on the Example of Selected Countries of Central and Eastern Europe Belonging to the European Union

Part 4 Conclusions – A Synthesis of the Work

Back Matter

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Chapter 2 Private Law within the Process of Europeanization

Abstract

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The Constitutionalization of Private Law versus the Europeanization of Private Law

A Legal Study Based on the Example of Selected Countries of Central and Eastern Europe Belonging to the European Union

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