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dc.contributor.authorPURNHAGEN, Kai Peter
dc.date.accessioned2014-12-19T18:00:10Z
dc.date.available2014-12-19T18:00:10Z
dc.date.issued2012
dc.identifier.citationEuropean law journal, 2012, Vol. 18, No. 6, pp. 844-867
dc.identifier.issn1351-5993
dc.identifier.urihttps://hdl.handle.net/1814/34007
dc.description.abstractThe aim of this piece is to draw the attention of the debate on principles in European private law to an institutional question. As the question of who detects these principles is crucial to understand the values and intentions behind the provisions on principles, I turn to the significance of the authority question of who detects principles of European Private law with regard to the two players ECJ and the academic circle Joint Network on European law'. After analysing the role of these players I will ask whether private law principles (which are principles derived from the analysis of contractual relationships by academics) or principles of civil law (derived from conflict solution by judges) govern the principles debate in European Private law. I will argue for a pluralistic understanding of European Private law, where neither academia nor the ECJ enjoy a monopoly on the detection of principles in European Private law. Instead, they form a symbiotic relationship in several respects. Understood in this way, the DCFR's role as a toolbox for the legislator is supplemented with its maybe even stronger significance as a toolbox for judges.
dc.language.isoEn
dc.publisherWiley-Blackwell
dc.relation.ispartofEuropean law journal
dc.subjectEU law
dc.subjectgovernance
dc.titlePrinciples of European private or civil law?
dc.typeArticle
dc.identifier.doi10.1111/eulj.12006
dc.identifier.volume18
dc.identifier.startpage844
dc.identifier.endpage867
eui.subscribe.skiptrue
dc.identifier.issue6


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