Relations between the Constitutionalization and the Europeanization On the Example of Personal Rights and Matrimonial Law. Romanian Experiences

Radu Ştefan Pătru; Rafał Szczepaniak

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Chapter 11 Relations between the Constitutionalization and the Europeanization On the Example of Personal Rights and Matrimonial Law. Romanian Experiences

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

著者：

Radu Ştefan Pătru

Radu Ştefan Pătru
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and

Rafał Szczepaniak

Rafał Szczepaniak
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类型:: 章节

Page Range:: 304–319

DOI:: https://doi.org/10.1163/9789004688971_013

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Abstract

The process of constitutionalizing private law represents an element of legal dynamics that has been amplified by the rapid development of private law in the recent and current legal and economic conditions. The constitutionalization of private law takes place on two levels: descending from constitutional norms to the substantive law norms, and ascending from substantive law norms to the constitutional norms with which it is identified. The new realities at the level of the European Union impose a new perspective in the matter of constitutionalization, since implementing the norms of the European Union not infrequently comes into conflict with the internal constitutional provisions of the Member States. In the present chapter, cases are presented where the national constitutionalization of private law is in harmony with the Europeanization of private law, as well as cases where such harmony is lacking.

The examples concern issues related to the protection of personal rights and matrimonial law.

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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 11 Relations between the Constitutionalization and the Europeanization On the Example of Personal Rights and Matrimonial Law. Romanian Experiences

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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