The focus of the socio-legal project lies in the search for a normative model which could shape a self sufficient European private legal order in its interaction with national private law systems. The project (1) aims at a new–orientation of the structures and methods of European private law based on its transformation from autonomy to functionalism in competition and regulation;
(2) suggests the emergence of a self sufficient European private law, composed of three different layers (a) the sectorial substance of ERPL, (b) the general principles – provisionally termed competitive contract law – and (d) common principles of civil law; (3) elaborates on the interaction between ERPL and national private law systems around four normative models: (a) intrusion and substitution, (b) conflict and resistance, (c) hybridisation and (d) convergence; (4) analyses the new order of values, enshrined in the concept of access justice (Zugangsgerechtigkeit).
Field of science
- /social sciences/law
Call for proposal
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