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.
Table of Contents
- Introduction
- Different attempts to create European Private Law
- A European private law through Legal Science and Legal Education
- Conclusions
Objectives and Key Themes
This essay examines the progress of Europeanization in contract law, focusing on legal education's role in achieving unification and harmonization of EU law. It uses the work of Basil Markesinis as a central example of significant contributions to comparative law. The essay also aims to provide English law students with a guide to relevant literature, particularly regarding German law, and to encourage the study of comparative law.
- Harmonization of European Private Law
- The role of legal education in achieving unification
- The contributions of Basil Markesinis to comparative law
- Different approaches to creating a European Private Law
- The benefits of comparative law studies
Chapter Summaries
Introduction: This introductory chapter sets the stage for the essay by highlighting the need for harmonized law within the European Union to foster economic competitiveness. It emphasizes the challenges posed by a plurality of legal solutions and advocates for legal certainty and security. The essay's focus on contract law, legal education's contribution to harmonization, and the significant work of Basil Markesinis are introduced, along with the author's aim to guide English law students interested in comparative law, particularly concerning German law. The chapter underscores the importance of comparative law and aims to demonstrate its benefits.
Different attempts to create European Private Law: This chapter explores various attempts to harmonize private law within the EU, acknowledging the obstacles presented by differences in legal mentalities. It examines influential approaches, including state-imposed European Community law, judicial discretion in using comparative law arguments, and the roles of universities and legal education. Key initiatives like the Lando Commission, the proposed European Civil Code, and UNIDROIT's efforts are discussed as landmarks in the European development of private law. The chapter highlights the European Commission's ambitious work on the Common Principles of European Contract Law (COPECL) and the Common Frame of Reference (CFR), emphasizing their role in providing guidance for legislators and identifying best practices across member states' legal systems. The limitations of harmonization through imposition by the European Community are also acknowledged.
A European private law through Legal Science and Legal Education: This chapter presents an alternative approach to harmonization, focusing on the role of legal science and education. It challenges the notion that imposing law is the only way to bridge differences between national legal systems and explores the possibility of a Europe-wide legal education system, drawing parallels to the "ius commune" of the 17th and 18th centuries. While acknowledging the limitations and differences in context, this chapter argues that this historical precedent can serve as a model and inspiration for modern efforts in harmonization. The focus here would be on the transformative power of education to build a shared legal understanding across national boundaries, rather than relying solely on legislative mandates.
Keywords
European Private Law, Contract Law, Harmonization, Legal Education, Comparative Law, Basil Markesinis, European Civil Code, Lando Commission, UNIDROIT, Common Frame of Reference (CFR), Common Principles of European Contract Law (COPECL), Legal Unification, Economic Competitiveness, German Law, Ius Commune.
Frequently Asked Questions: A European Private Law through Legal Science and Legal Education
What is the main topic of this essay?
The essay examines the progress of Europeanization in contract law, focusing on legal education's role in achieving unification and harmonization of EU law. It uses the work of Basil Markesinis as a central example of significant contributions to comparative law and aims to guide English law students to relevant literature, particularly concerning German law.
What are the key themes explored in the essay?
Key themes include the harmonization of European Private Law, the role of legal education in achieving unification, the contributions of Basil Markesinis to comparative law, different approaches to creating a European Private Law, and the benefits of comparative law studies.
What are the different attempts to create a European Private Law discussed in the essay?
The essay explores various attempts, including state-imposed European Community law, judicial discretion in using comparative law arguments, the roles of universities and legal education, and initiatives like the Lando Commission, the proposed European Civil Code, UNIDROIT's efforts, the Common Principles of European Contract Law (COPECL), and the Common Frame of Reference (CFR). The limitations of harmonization through imposition are also acknowledged.
What is the role of legal science and education in achieving a European Private Law, according to the essay?
The essay proposes an alternative approach focusing on the role of legal science and education. It argues that a Europe-wide legal education system, drawing parallels to the "ius commune," can foster a shared legal understanding across national boundaries, supplementing legislative mandates.
Who is Basil Markesinis and why is his work relevant to this essay?
Basil Markesinis's work serves as a central example of significant contributions to comparative law within the context of European private law harmonization. His contributions are used to illustrate the impact of scholarship on the field.
What is the target audience of this essay?
The essay primarily targets English law students interested in comparative law, particularly concerning German law, providing them with a guide to relevant literature.
What are the key takeaways of the essay?
The essay highlights the multifaceted challenges of harmonizing European Private Law, emphasizing the importance of both legislative initiatives and the transformative power of legal education in achieving unification and fostering economic competitiveness within the EU.
What are some key terms associated with this essay?
Key terms include European Private Law, Contract Law, Harmonization, Legal Education, Comparative Law, Basil Markesinis, European Civil Code, Lando Commission, UNIDROIT, Common Frame of Reference (CFR), Common Principles of European Contract Law (COPECL), Legal Unification, Economic Competitiveness, German Law, and Ius Commune.
- Arbeit zitieren
- Philipp Hujo (Autor:in), 2006, Basil Markesinis: Leading the way to a ‚new ius europaeum’ - A review and appraisal of the Europeanization of Private Law, München, GRIN Verlag, https://www.grin.com/document/110826
