Evolution or Revolution? Some Reflections on the Constitutionalization and the Europeanization of Private Law

Marek Safjan

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Chapter 1 Evolution or Revolution? Some Reflections on the Constitutionalization and the Europeanization of Private Law

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

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Marek Safjan

Marek Safjan
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Type:: Chapter

Pages:: 29–54

DOI:: https://doi.org/10.1163/9789004688971_003

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Abstract

The author reconstructs the concept of the constitutionalization of private law. According to the author, it is a certain methodology for both the study of law and its application. This new methodological approach to law, called constitutionalization, is characterized by thinking about law in hierarchical categories. Furthermore, this new methodology manifests itself in a holistic approach to the phenomenon of law. The modern approach to law requires crossing the boundaries between legal branches and disciplines, as well as the boundaries set by the traditional division into public and private law. This holistic approach reveals another feature of the constitutional methodology (constitutionalization of law), namely its eclecticism. Individual legal institutions (constructions), even those of civil origin, cannot be considered only through the prism of the methodology of private law. On one of its levels, the Europeanization of private law is an equivalent of constitutional methodology understood in this way. The difference, according to the author, is that in EU law the reference point is the European Charter of Fundamental Rights and other fundamental principles developed in the jurisprudence of the CJEU, while in the law of the Member States, the traditional reference point is primarily the national constitution.

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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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Chapter 1 Evolution or Revolution? Some Reflections on the Constitutionalization and the Europeanization of Private Law

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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