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
Basil Markesinis
Conclusions
Research Objective and Core Themes
The paper examines the progress of Europeanization in the field of contract law, specifically exploring how legal education and the comparative approach championed by scholars like Basil Markesinis contribute to the harmonization of private law within the European Union.
- The role of legal education in fostering a common European legal identity
- Methodological approaches to comparative law as a tool for harmonization
- The impact and influence of Basil Markesinis on European private law studies
- Analysis of the "Common Frame of Reference" (CFR) as a guiding framework
- The relationship between common law and civil law systems
Excerpt from the Book
Basil Markesinis
Markesinis is probably the world's leading English-language authority on European private law. But what role does Markesinis play in his field of activity and which benefits can be derived from his own comparative legal studies? First of all some biographical information should be given to be able to appreciate his work, personality and the world wide reputation he has earned for his work. B. Markesinis, who was born in Patras (Greece) in 1949, studied law as an undergraduate at the University of Athens gaining a starred first in 1965, before taking an MA and Ph.D. at Cambridge (1970). His academic career began as an Assistant Professor of Roman and Byzantine Law at the University of Athens (1966–1968). At the moment he is Professor of Common and Civil Law at University College in London and Jamil Regents Professor at the University of Texas at Austin. Additionally, he is honorary Queen’s Counsel (QC) and has an “occasional” practice at Essex Court Chambers. The numerous honorary doctorates he has been given (from Athens, Cambridge, and Ghent, to Munich, Oxford and Paris) confirm his reputation in Europe. He has been honoured with the highest national awards from the presidents of Germany, Italy, Greece, France, and from the Queen of England.
As Markesinis was a law student in continental Europe before he practised as a lecturer in the common law world, he is influenced by the law of both the common law and the civil law. It is worth mentioning, that, apart from English he has an excellent command of German, French and Italian.
Summary of Chapters
Introduction: This chapter introduces the necessity of harmonizing private law in the European Union to enhance economic competitiveness and establishes the paper's focus on Basil Markesinis and the role of comparative legal education.
Different attempts to create European Private Law: This section provides an overview of various initiatives, such as the Lando Commission and the development of the Common Frame of Reference, aimed at streamlining contract law across member states.
A European private law through Legal Science and Legal Education: This chapter discusses how academic efforts and specific educational models, particularly case-book approaches, facilitate a better understanding of foreign legal systems among law students.
Basil Markesinis: This chapter profiles the life, career, and specific didactical methods of Basil Markesinis, highlighting his contributions to bridging the gap between common law and civil law systems.
Conclusions: This section summarizes that while codification is a long-term goal, the immediate priority should be the integration of legal education and the fosterage of comparative research to build a unified European legal culture.
Keywords
European Private Law, Harmonization, Basil Markesinis, Contract Law, Comparative Law, Legal Education, European Union, Common Frame of Reference, Civil Law, Common Law, Legal Science, Case-book Method, Legal Convergence, Europeanization, Legal Traditions
Frequently Asked Questions
What is the primary focus of this paper?
The paper focuses on the Europeanization of private law, specifically examining how comparative law and improved legal education contribute to the harmonization of contract law within the EU.
What are the central themes discussed in the text?
Key themes include the institutional attempts to create a European private law, the role of universities in legal education, and the methodological influence of comparative legal scholars.
What is the main research objective?
The objective is to analyze how harmonized legal education and the work of experts like Basil Markesinis can help bridge the gap between different European legal traditions.
Which scientific methodology is used?
The author employs a comparative legal analysis, evaluating different scholarly approaches and institutional initiatives to determine how legal systems can effectively converge.
What topics are covered in the main body?
The main body covers the history of European private law initiatives, the educational strategies of leading comparatists, and the specific didactic contributions of Basil Markesinis.
Which keywords define this work?
Core keywords include European Private Law, Harmonization, Comparative Law, Legal Education, and the Common Frame of Reference.
How does Markesinis approach the "Anglicisation" of German law?
Markesinis uses a case-law approach to show how legal problems are resolved in both German and English law, aiming to make German legal concepts accessible to an English-speaking audience.
Why does the author advocate for the "case-book" method?
The case-book method is seen as superior for students because it forces them to engage with factual situations and policy considerations rather than just abstract codal provisions.
What is the significance of "White v. Jones" in this context?
The case serves as an example of how the comparative approach has influenced judicial decision-making, with Lord Goff referencing foreign academic works to solve a domestic legal issue.
What does Markesinis mean by the "destructive method"?
It refers to the process of interpreting and adapting foreign legal material so that it can be successfully "immigrated" or integrated into a different national legal system.
- 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
