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

Series: 

Volume Editor:
Rafał Szczepaniak
Every active lawyer nowadays must be a constitutionalist, that is, an expert in constitutional law. This thought also applies to civil law specialists. The constitutionalization of private law and the Europeanization of private law are among the most fascinating phenomena of contemporary civil law science. A comprehensive comparison of the two phenomena has not yet been made. Even more so, it was not done from the perspective of the new EU member states. This gap is filled by this edited volume.
Copyright Year:
2025
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978-90-04-68897-1
Publication:
10 Feb 2025
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ISBN:
978-90-04-68896-4
Publication:
27 Feb 2025
Cover The Constitutionalization of Private Law versus the Europeanization of Private Law

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Front Matter
Preliminary Material
Copyright Page
Preface
Cases
Notes on Contributors
Introduction: The Assumptions Forming the Basis of the Monograph
Part 1 General Considerations on the Constitutionalization and Europeanization of Private Law in the EU Context
Chapter 1 Evolution or Revolution? Some Reflections on the Constitutionalization and the Europeanization of Private Law
Chapter 2 Private Law within the Process of Europeanization
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
Chapter 3 The Constitutionalization and the Europeanization of Private Law in the Czech Republic
Chapter 4 Are the Constitutionalization and the Europeanization of Private Law Proceeding Symmetrically in Poland?
Chapter 5 The Constitutionalization of Private Law and the Europeanization of Constitutional Law: The Slovak Constitutional Court Perspective
Chapter 6 The Europeanization and the Constitutionalization of Private Law in Slovakia – Connected or Separate Worlds?
Chapter 7 The Constitutionalization and the Europeanization of Private Law in Romania
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
Chapter 8 Remarks to the Challenge of Commercial Arbitral Awards Regarding the Breach of Public Policy in Hungarian Law
Chapter 9 The Impact of Article 18 of the Constitution of the Republic of Poland on the Europeanization of Polish Family Law
Chapter 10 The Constitutionalization and the Europeanization of Property in the Light of Polish Experiences
Chapter 11 Relations between the Constitutionalization and the Europeanization On the Example of Personal Rights and Matrimonial Law. Romanian Experiences
Chapter 12 Proportionality and Intellectual Property Law Remedies – Constitutional and EU Law Perspectives
Chapter 13 On the Legal Issues of the Constitutionalization and the Europeanization of Contract Law Related to Agricultural Activity
Part 4 Conclusions – A Synthesis of the Work
Chapter 14 The Essence of the Constitutionalization of Private Law and the Europeanization of Private Law
Chapter 15 Axiological Differences between the Constitutionalization of Private Law and the Europeanization of Private Law
Chapter 16 The Threats to Civil Law Associated with Constitutionalization and Europeanization
Chapter 17 The Unique Features of Central and Eastern European EU Countries
Concluding Remarks: The Need for Methodological Eclecticism in Civil Law Studies
Back Matter
Bibliography
Index
Rafał Szczepaniak, Ph.D., D.Sc. (1970), is Assocociate Professor at AdamMickiewicz University in Poznań (UAM), Poland and author of many scientific publications on the theory of private law, including Constitutional barriers to the applicability of private law in the public sector. A comparative study with particular emphasis on Polish and German law (Adam Mickiewicz University Press, 2020) .
Preface

List of Cases

Notes on Contributors

Introduction: The Assumptions Forming the Basis of the Monograph
  Rafał Szczepaniak

Part 1
General Considerations on the Constitutionalization and Europeanization of Private Law in the EU Context
1 Evolution or Revolution? Some Reflections on the Constitutionalization and the Europeanization of Private Law
  Marek Safjan

2 Private Law within the Process of Europeanization
  Maciej Szpunar

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
3 The Constitutionalization and the Europeanization of Private Law in the Czech Republic
  Ondřej Frinta

4 Are the Constitutionalization and the Europeanization of Private Law Proceeding Symmetrically in Poland?
  Maciej Gutowski

5 The Constitutionalization of Private Law and the Europeanization of Constitutional Law: The Slovak Constitutional Court Perspective
  Tomáš Ľalík

6 The Europeanization and the Constitutionalization of Private Law in Slovakia – Connected or Separate Worlds?
  Marek Maslák

7 The Constitutionalization and the Europeanization of Private Law in Romania
  Ramona Delia Popescu

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
8 Remarks to the Challenge of Commercial Arbitral Awards Regarding the Breach of Public Policy in Hungarian Law
  Ádám Boóc

9 The Impact of Article 18 of the Constitution of the Republic of Poland on the Europeanization of Polish Family Law
  Janusz Gajda

10 The Constitutionalization and the Europeanization of Property in the Light of Polish Experiences
  Szymon Kulmaczewski

11 Relations between the Constitutionalization and the Europeanization On the Example of Personal Rights and Matrimonial Law. Romanian Experiences
  Radu Ştefan Pătru and Rafał Szczepaniak

12 Proportionality and Intellectual Property Law Remedies – Constitutional and EU Law Perspectives
  Rafał Sikorski

13 On the Legal Issues of the Constitutionalization and the Europeanization of Contract Law Related to Agricultural Activity
  Aneta Suchoń

Part 4
Conclusions – A Synthesis of the Work
14 The Essence of the Constitutionalization of Private Law and the Europeanization of Private Law
  Rafał Szczepaniak

15 Axiological Differences between the Constitutionalization of Private Law and the Europeanization of Private Law
  Rafał Szczepaniak

16 The Threats to Civil Law Associated with Constitutionalization and Europeanization
  Rafał Szczepaniak

17 The Unique Features of Central and Eastern European EU Countries
  Rafał Szczepaniak

  Concluding Remarks: The Need for Methodological Eclecticism in Civil Law Studies


Bibliography

Index

Scholars specializing in three areas of law: private law, constitutional law and European law and practicing lawyers dealing with cases in the field of private and European law.
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Publisher:
Brill | Nijhoff
Language:
English
Pages:
xxxii, 512 pp.
DOI:
https://doi.org/10.1163/9789004688971

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