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

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

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    Title: A Self-Sufficient European Private Law – A Viable Concept?  Author(s): MICKLITZ, Hans-Wolfgang; SVETIEV, Yane Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This working paper collects the contributions to the first external workshop within the ERPL project that took place on 4 and 5 May 2012 at the EUI. The workshop aimed to clarify the key parameters to be used for analysing ...
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    Title: Do Consumers and Businesses Need a New Architecture of Consumer Law? A thought-provoking impulse  Author(s): MICKLITZ, Hans-Wolfgang Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper is a translation of the Gutachten prepared for the 69. Deutschen Juristentag to be held in September 2012. It pleads for a separate consumer law code outside private law codifications. The benchmarks are: rethinking ...
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    Title: Brauchen Konsumenten und Unternehmen eine neue Architektur des Verbraucherrechts? Gutachten A zum 69. Deutschen Juristentag  Author(s): MICKLITZ, Hans-Wolfgang Date: 2012 Type of Publication: Book
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    Title: Modernising Consumer Law: The experience of the Western Balkan  Author(s): KARANIKIC, Marija; MICKLITZ, Hans-Wolfgang; REICH, Norbert Date: 2012 Type of Publication: Book Abstract: This study reports on the state of consumer law and practice in 6 Western Balkan countries (Albania, Bosnia-Herzegovina, Croatia, FYROM, Montenegro, Serbia). It pays particular attention to how these countries have adapted ...
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    Title: From the Nation State to the Market: The evolution of EU private law  Author(s): MICKLITZ, Hans-Wolfgang; PATTERSON, Dennis Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The State exists to deliver security and welfare to citizens. One of the principal functions of the State is to enhance welfare through the production of legal regimes. Law contributes to welfare in many ways, one of which ...
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    Title: The Commission Proposal for a "Regulation on a Common European Sales Law (CESL)": Too broad or not broad enough?  Author(s): MICKLITZ, Hans-Wolfgang; REICH, Norbert Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper which was commissioned by the Austrian Ministry of Consumer Affairs but written under the exclusive responsibility of the authors consists of three parts: The first part written jointly by the authors gives an ...
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    Title: Judge-Made Integration?  Author(s): MICKLITZ, Hans-Wolfgang; SCHEBESTA, Hanna Date: 2012 Type of Publication: Contribution to book
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    Title: The Expulsion of the Concept of Protection from the Consumer Law and the Return of Social Elements in the Civil Law: A bittersweet polemic  Author(s): MICKLITZ, Hans-Wolfgang Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Consumer law started in the 1960s and 1970s as consumer protection law, meant to compensate for the risks and deficiencies of the consumption society which led to an enormous increase. The target of the first generation ...
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    Title: The European Court of Justice and the Autonomy of the Member States  Author(s): MICKLITZ, Hans-Wolfgang; DE WITTE, Bruno Date: 2012 Type of Publication: Book Series/Report no.: [EUDO - European Union Democracy Observatory Programme] Abstract: There is an impressive body of legal literature on the relationship between the European Court of Justice and its various “interlocutors” (EU institutions, national jurisdictions, EU interest groups, multinationals…) and ...
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    Title: E-Commerce in China and Germany: A Sino-German comparative analysis  Author(s): Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH; Department of Market Regulation, State Administration for Industry and Commerce of the People’s Republic of China (SAIC); China Society of Administration for Industry & Commerce (CSAIC); METZ, Rainer; MICKLITZ, Hans-Wolfgang; SPINDLER, Gerald; HONGFENG, Yang; LEI, Wang; DONGPING, Wu; PURNHAGEN, Kai Peter Date: 2012 Type of Publication: Book Abstract: The ways to approach the regulation of e-commerce markets are in the focus of discussion both in China and Germany. While a general need for regulation is undisputed in both countries, the scope, means and aims regulation ...
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    Title: Methodology in the New Legal World  Author(s): VAN GESTEL, Rob; MICKLITZ, Hans-Wolfgang; POIARES PESSOA MADURO, Luis Miguel Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Law is a discipline in transition moving, among others, from a predominantly monodisciplinary dogmatic tradition towards more and more attention for multidisciplinary and empirical legal research, from a national to a more ...
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    Title: The ECJ between the Individual Citizen and the Member States - A Plea for a Judge-Made European Law on Remedies  Author(s): MICKLITZ, Hans-Wolfgang Date: 2012 Type of Publication: Contribution to book
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    Title: Revitalizing Doctrinal Legal Research in Europe: What About Methodology?  Author(s): VAN GESTEL, Rob; MICKLITZ, Hans-Wolfgang Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Both in the U.S. and in Europe there is a debate on methodology in legal research. Doctrinalists and multidisciplinarians appear to be in different camps fighting over the ‘true nature’ of legal scholarship. We wonder where ...
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    Title: Social Justice and Access Justice in Private Law  Author(s): MICKLITZ, Hans-Wolfgang Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: During the C20th, the Member States of the European Union developed their own models of social justice in private law. Each model is inherently linked to national culture and tradition. However, all models have a common ...
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    Title: The Many Concepts of Social Justice in European Private Law  Author(s): MICKLITZ, Hans-Wolfgang Date: 2011 Type of Publication: Book Abstract: This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to ...
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    Title: Consumer Bankruptcy in Europe Different Paths for Debtors and Creditors  Author(s): ANDERSON, Robert; DUBOIS, Hans; KOARK, Anne; LECHNER, Götz; RAMSAY, Iain; ROETHE, Thomas Date: 2011 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The economic crisis has fuelled the debate on regulated state insolvencies. And while debt relief is being considered for nations, in some European countries consumers live their whole lives in debt as there is no consumer ...
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    Title: The ECJ between the Individual Citizen and the Member States: A plea for a judge-made European law on remedies  Author(s): MICKLITZ, Hans-Wolfgang Date: 2011 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Time and again the ECJ comes under fire, from the Member States who fear the loss of sovereignty, as well as from trade unions and public interest groups who fear the downgrading of ‘The Social’. The overall message then ...
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    Title: Universal Services: Nucleus for a Social European Private Law  Author(s): MICKLITZ, Hans-Wolfgang Date: 2011 Type of Publication: Contribution to book Series/Report no.: Collected Courses of the Academy of European Law
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    Title: Introduction - Social Justice and Access Justice in Private Law  Author(s): MICKLITZ, Hans-Wolfgang Date: 2011 Type of Publication: Contribution to book
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    Title: The Foundations of European Private Law  Author(s): BROWNSWORD, Roger; MICKLITZ, Hans-Wolfgang; NIGLIA, Leone; WEATHERILL, Stephen Date: 2011 Type of Publication: Book Abstract: There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this ...