Principles of European private or civil law?
License
Access Rights
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1351-5993
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
European law journal, 2012, Vol. 18, No. 6, pp. 844-867
Cite
PURNHAGEN, Kai Peter, Principles of European private or civil law?, European law journal, 2012, Vol. 18, No. 6, pp. 844-867 - https://hdl.handle.net/1814/34007
Abstract
The 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.