It is now widely accepted that the law of the European member states should be harmonized to make Europe’s economy more competitive. Business needs to operate across borders efficiently to stimulate a more competitive supply of goods and services. A plurality of separate solutions for the same issue is a risk that the uncertainty and complexity of the legal environment will undermine rather than enable legitimate economic activity. Therefore we need to create an economic environment underpinned by legal certainty and security. This essay on European Private Law discusses the progress of Europeanization in the field of Contract Law. It will, in doing so, especially focus on legal education and its contribution to achieve unification and harmonisation of European Union law. But, as the title indicates, in the actual centre of this essay, will be one scholar, who has significantly contributed to the understanding of comparative law and who has increased its status as a recognised legal subject: Basil Markesinis. It is furthermore my goal to provide English law students who are interested in comparative law topics with a guide to useful literature for their studies, especially with regards to German Law. I hope that this essay can contribute that comparative law may no longer be a “subject in search of an audience”, as Markesinis called it[1], and to persuade English students of the benefits of comparative law studies.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Different attempts to create European Private Law
- Basil Markesinis: Leading the way to a “new ius europaeum”
- Conclusions
- Appendix (Some Resource information)
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay aims to explore the progress of Europeanization in the field of Contract Law, specifically focusing on legal education and its role in achieving unification and harmonization of European Union law. The essay also examines the contributions of prominent legal scholar Basil Markesinis to comparative law and his advocacy for its recognition as a valuable legal subject. It seeks to provide English law students with a guide to useful literature for their comparative law studies, especially with regards to German Law.
- Europeanization of Private Law, particularly Contract Law
- Role of legal education in European Union law harmonization
- Contributions of Basil Markesinis to comparative law
- Importance of comparative law studies for English law students
- Methods and approaches to European private law harmonization
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter introduces the concept of harmonizing European member states' laws to enhance economic competitiveness and addresses the need for legal certainty and security. It highlights the essay's focus on Contract Law and Basil Markesinis's contributions to comparative law.
- Different attempts to create European Private Law: This chapter discusses various attempts at harmonizing private law within the EU, including state-imposed law, judicial discretion in using comparative law arguments, the role of universities and legal education, the Lando Commission, the European Civil Code proposal, UNIDROIT, and the Joint Network on European Private Law.
- Basil Markesinis: Leading the way to a “new ius europaeum”: This chapter focuses on Basil Markesinis's influential work in comparative law, exploring his perspectives on the Europeanization of private law and his advocacy for the importance of comparative legal studies.
Schlüsselwörter (Keywords)
This essay focuses on key concepts related to the Europeanization of private law, particularly Contract Law. It explores the role of legal education, comparative law, and the work of legal scholars like Basil Markesinis in achieving harmonization and unification within the European Union. Key terms include Europeanization, harmonization, unification, Contract Law, legal education, comparative law, "ius commune," and the contributions of scholars such as Basil Markesinis, the Lando Commission, and UNIDROIT.
- Quote paper
- Philipp Hujo (Author), 2006, Basil Markesinis: Leading the way to a ‚new ius europaeum’ - A review and appraisal of the Europeanization of Private Law, Munich, GRIN Verlag, https://www.grin.com/document/110826
