Introduction: The Assumptions Forming the Basis of the Monograph

Rafał Szczepaniak

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Introduction: The Assumptions Forming the Basis of the Monograph

In: The Constitutionalization of Private Law versus the Europeanization of Private Law

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Rafał Szczepaniak

Rafał Szczepaniak
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Type:: Chapter

Pages:: 1–26

DOI:: https://doi.org/10.1163/9789004688971_002

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Abstract

The following hypotheses are put forward in the Introduction:

– the constitutionalization of private law and the Europeanization of private law are among the most significant phenomena associated with private law in Europe,

– it is methodologically justified to compare the two phenomena: the constitutionalization and Europeanization of private law,

– the collective work is an appropriate form for a comparative analysis of these two phenomena.

Moreover, the Introduction includes an explanation of the structure of the work and specifies the scope of the research field. The Introduction also explains why the law of countries such as the Czech Republic, Hungary, Poland, Romania and Slovakia is the subject of special analysis.

The author hypothesizes that both the constitutionalization of private law and the Europeanization of private law are concepts that have several meanings. Firstly, there are certain specific processes involved in the axiologization of private law; and secondly a specific methodology is at work here. There is a methodology involved in axiologizing private law, and even in applying private law. Constitutionalization is a new attempt to rationalize the relationship between law and equity. The Europeanization of private law also has a similar meaning.

These hypotheses will be verified in the monograph.

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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

Series: Constitutional Law Library, Volume: 8

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

E-Book ISBN:: 9789004688971

Publisher:: Brill | Nijhoff

Print Publication Date:: 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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Introduction: The Assumptions Forming the Basis of the Monograph

Abstract

Citation Info

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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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