Fundamental Rights and Private Law in the European Union 2 Volume Set

by Edited by Gert Brüggemeier , Aurelia Colombi Ciacchi , Giovanni Comandé

• ISBN13: 9780521196338
• ISBN10: 0521196337
• Edition: 1st
• Format: Package
• Copyright: 2010-05-24
• Publisher: Cambridge University Press

Summary

This two-volume comparative study, carried out by the Research Training Network on Fundamental Rights and Private Law in the European Union, offers an overview of the doctrines and case law on the direct or indirect application of a fundamental right, for example a national constitutional right or an international human right, in order to solve a dispute between private parties in England, France, Germany, Italy, the Netherlands, Poland, Portugal, Spain and Sweden. Volume I contains national reports for each country, preceded by a brief introduction explaining the project terminology and methodology and followed by a comparative chapter. A contribution on the horizontal effect of fundamental rights and freedoms in EU law is also included. Volume II includes ten comparative analyses of selected case patterns in contract, tort, property and family law, which have been adjudicated with reference to fundamental rights in many or at least some of these countries.

Author Biography

Gert Bruggemeier is Professor of Private Law, European Economic Law and Comparative Law at the Faculty of Law, University of Bremen, the Hanse Law School, University of Bremen, and Carl von Ossietzkyi University, Oldenburg.
Aurelia Colombi Ciacchi is Senior Researcher in Private Law at the Faculty of Law, University of Bremen, and Lecturer in Comparative Law at the Hanse Law School, University of Bremen, and Carl von Ossietzkyi University, Oldenburg.
Giovanni Comande is Professor of Private Comparative Law and Director of the Laboratorio Interdisciplinare Diritti E Regole (LIDER-Lab, www.lider-lab.org) at the Scuola Superiore S. Anna, Pisa, Italy.

Table of Contents

Introduction: Fundamental rights and private law in the European Union: concepts and methodology of a research project Gert Brüggemeier, Aurelia Colombi Ciacchi and Giovanni Comandé

National Reports

England

The horizontal effect of fundamental rights and freedoms in European Union law

France

Germany

Italy

Poland

Portugal

Spain

Sweden

The Netherlands

Comparative Remarks

Introduction: some methodological premises

Fundamental rights

Fundamental rights, private law and legal theory

Fundamental rights adjudication in private law

Some tentative conclusions on fundamental rights and European private law

Introduction Gert Brüggemeier and Aurelia Colombi Ciacchi

Contract

The impact of fundamental rights on the content of contracts: determining limits to freedom of contract in family and employment relations

Contractual duties of care, confidence and cooperation in the context of fundamental rights and constitutional principles

Tort

Mapping out a right to privacy in tort law

Non-pecuniary damages: how fundamental rights shake traditional barriers

Claims for non-pecuniary losses by 'third persons' upon death and injury

'Wrongful life' claims and the absolute value of human life - a contradiction?

Property

Private property, public access and the access to information - a comparative analysis

Action against emissions: fundamental rights and the extension of the right to sue in private nuisance to non-owners

Family

Different legal treatment of married and unmarried couples in the European Union

'Mater Semper Certa Est, Pater Numquam.' The use of biological testing in disputed paternity cases

Concluding remarks Aurelia Colombi Ciacchi

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