Browsing Department of Law (LAW) by Author "MICKLITZ, Hans-Wolfgang"

Title:Primary EU law and private law concepts Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

; SIEBURGH, CarlaDate:2017Citation:Hans-Wolfgang MICKLITZ and Carla SIEBURGH (eds), Primary EU law and private law concepts, Cambridge : Intersentia, 2017, pp. 1-46Type:Contribution to bookAbstract:This chapter, written by the editors, provides an explanation of the field of research, the approaches to its study and its backgrounds and aspirations. It adds observations which are to be presented around four important ...

Title:The constitutional transformation of private law pillars through the CJEU Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2017Citation:Hugh COLLINS (ed.), European contract law and the charter of fundamental rights, Antwerp : Intersentia, 2017, European contract law and theory ; 2, pp. 49-91Version:Based on a lecture given by the author at the SECOLA Conference in Oxford 2015.Type:Contribution to bookAbstract:The person, contract, tort, property and remedies form the ‘ pillars ’ 1 of each and every private law system, whatever its origin might be, continental civil law or common law, and however it might appear, traditional ...

Title:Vereinbarkeit von Leistungsfristen in der AGB-Kontrolle mit dem Unionsrecht Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2017Citation:Zeitschrift für Verbraucherrecht (VbR), 2017, Vol. 3, pp. 80-84Type:Article

Title:Rethinking legal scholarship : a transatlantic dialogue Editor(s):VAN GESTEL, Rob; MICKLITZ, Hans-Wolfgang EUI affiliated

; RUBIN, Edward L.Date:2017Citation:Cambridge : Cambridge University Press, 2017Type:BookAbstract:Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint ...

Title:Contract and regulation : a handbook on new methods of law making in private law Editor(s):BROWNSWORD, Roger; VAN GESTEL, Rob; MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2017Citation:Cheltenham ; Northampton : Edward Elgar, 2017Type:BookAbstract:Contract law is increasingly used to serve regulatory purposes considered beyond the reach of private law. This Handbook explores a range of modern practices that are not typically treated in standard expositions of this ...

Title:Primary EU law and private law concepts Editor(s):MICKLITZ, Hans-Wolfgang EUI affiliated

; SIEBURGH, CarlaDate:2017Citation:Cambridge : Intersentia, 2017Type:BookAbstract:Primary EU Law and Private Law Concepts starts with the hypothesis that the European Court of Justice has developed concepts in private law cases which differ in substance from the concepts that exist in the private law ...

Title:Primary EU law : European regulatory private law and national private law Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

; SIEBURGH, CarlaDate:2017Citation:Panos KOUTRAKOS and Jukka SNELL (eds), Research handbook on the law of the EU's internal market, Cheltenham ; Northampton : Edward Elgar, 2017, Research handbooks in European law, pp. 191-214Type:Contribution to bookAbstract:The reference point for this chapter is the influence of primary EU law on private law as well as the visible regulatory private law in all its facets. It challenges the premise that many EU lawyers and private lawyers in ...

Title:The transformation of private law Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2017Citation:Luis Miguel POIARES PESSOA MADURO and Marlene WIND (eds), The transformation of Europe : twenty-five years, Cambridge : Cambridge University Press, 2017, pp. 289-302Type:Contribution to bookAbstract:In looking into private law I will distinguish between the traditional private law enshrined in national codifications (the French Code Civil, the German BGB, the Italian Codice Civile) or in the common law system and the ...

Title:The constitutional transformation of the private law pillars through the CJEU Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2017Citation:Hugh COLLINS (ed.), European contract law and the EU charter of fundamental rights, Cambridge : Intersentia, 2017, European Contract Law and Theory; 2, pp. 49-92Type:Contribution to book

Title:The empire strikes back : digital control of unfair terms of online services Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

; PALKA, Przemyslaw EUI affiliated

; PANAGIS, YannisDate:2017Citation:Journal of consumer policy, 2017, Vol. 40, No. 3, pp. 367-388Type:ArticleAbstract:The authors argue that it is possible to partly automate the process of abstract control of fairness of clauses in online consumer contracts. The authors present a theoretical and empirical argument for this claim, including ...

Title:European private law Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2016Citation:Dennis PATTERSON and Anna SÖDERSTEN (eds), A companion to European Union law and international law, Malden : John Wiley & Sons, 2016, pp. 262-284Type:Contribution to bookAbstract:Lawyers around the world roughly agree on the meaning of private law. Whatever their national origins, they will point to contract and tort and identify their roots in the national private law order. Understanding European ...

Title:The internal vs the external dimension of European private law : a conceptual design and a research agenda Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2016Citation:Marise CREMONA and Hans-Wolfgang MICKLITZ (eds), Private law in the external relations of the EU, Oxford : Oxford University Press, 2016, pp. 9-31Type:Contribution to book

Title:Private law in the external relations of the EU Editor(s):CREMONA, Marise; MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2016Citation:Oxford : Oxford University Press, 2016Type:BookAbstract:Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory ...

Title:The transformation of enforcement : European economic law in a global perspective Editor(s):MICKLITZ, Hans-Wolfgang EUI affiliated

; WECHSLER, AndreaDate:2016Citation:Oxford : Hart Publishing, 2016, Hart studies in comparative public lawType:BookAbstract:This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on ...

Title:The legal subject, the social class and identity-based rights Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2016Citation:Loic AZOULAI, Segolene BARBOU DES PLACES and Etienne PATAUT (eds), Constructing the person in EU law : rights, roles, identities Oxford ; Portland, Oregon : Hart Publishing, 2016, pp. 285-310Type:Contribution to book

Title:A European advantage in legal scholarship? Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2016Citation:Rob VAN GESTEL, Hans-Wolfgang VLICKLITZ and Edward L. RUBIN (eds), Rethinking legal scholarship : a transatlantic dialogue, Cambridge : Cambridge University Press, 2016, pp. 262-309Type:Contribution to book

Title:The consumer : marketised, fragmentised, constitutionalised Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2016Citation:Dorota LECZYKIEWICZ and Stephen WEATHERILL (eds), The images of the consumer in EU law : legislation, free movement and competition law, Oxford : Hart Publishing, 2016, Studies of the Oxford Institute of European and Comparative Law ; 21, pp. 21-42Type:Contribution to book

Title:The internal vs the external dimension of European private law : a conceptual design and a research agenda Author(s):MICKLITZ, Hans-Wolfgang EUI affiliated

Date:2016Citation:Marise CREMONA and Hans-Wolfgang MICKLITZ (eds), Private law in the external relations of the EU, Oxford : Oxford University Press, 2016Type:Contribution to book

Title:Introduction Author(s):VAN GESTEL, Rob; MICKLITZ, Hans-Wolfgang EUI affiliated

; RUBIN, Edward L.Date:2016Citation:Rob VAN GESTEL, Hans-Wolfgang VLICKLITZ and Edward L. RUBIN (eds), Rethinking legal scholarship : a transatlantic dialogue, Cambridge : Cambridge University Press, 2016, pp. 1-28Type:Contribution to book

Title:European regulatory private law : autonomy, competition and regulation in European private law Editor(s):DE ALMEIDA, Lucila EUI affiliated

; CANTERO GAMITO, Marta EUI affiliated

; DELLA NEGRA, Federico EUI affiliated

; CONDON, Rónán; VAN LEEUWEN, Barend; COMPARATO, Guido EUI affiliated

; MICKLITZ, Hans-Wolfgang EUI affiliated

; SVETIEV, Yane EUI affiliated

Date:2016Type:Working PaperSeries/Number:EUI LAW; 2016/06; European Regulatory Private Law Project (ERPL-18)Abstract:This working paper addresses the theme of the transformation of private law considering in particular the concepts of autonomy, competition and regulation in European private law. The contributions included in this working ...