The Constitutionalization of Private Law versus the Europeanization of Private Law

A Legal Study Based on the Example of Selected Countries of Central and Eastern Europe Belonging to the European Union

Buch | Hardcover

544 Seiten

2025
Martinus Nijhoff (Verlag)
978-90-04-68896-4 (ISBN)

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The constitutionalization of private law and the Europeanization of private law are phenomena influencing the shape of contemporary private law. An in-depth comparison of these two phenomena has not yet been made. This gap is filled by this edited volume.

Every active lawyer nowadays must be a constitutionalist, that is, an expert in constitutional law. This thought also applies to civil law specialists. The constitutionalization of private law and the Europeanization of private law are among the most fascinating phenomena of contemporary civil law science. A comprehensive comparison of the two phenomena has not yet been made. Even more so, it was not done from the perspective of the new EU member states. This gap is filled by this edited volume.

Rafał Szczepaniak, Ph.D., D.Sc. (1970), is Assocociate Professor at AdamMickiewicz University in Poznań (UAM), Poland and author of many scientific publications on the theory of private law, including Constitutional barriers to the applicability of private law in the public sector. A comparative study with particular emphasis on Polish and German law (Adam Mickiewicz University Press, 2020) .

Preface

List of Cases

Notes on Contributors

Introduction: The Assumptions Forming the Basis of the Monograph

Rafał Szczepaniak

Part 1

General Considerations on the Constitutionalization and Europeanization of Private Law in the EU Context

1 Evolution or Revolution? Some Reflections on the Constitutionalization and the Europeanization of Private Law

Marek Safjan

2 Private Law within the Process of Europeanization

Maciej Szpunar

Part 2

General Considerations on the Constitutionalization and the Europeanization of Private Law in the Context of the Law and Legal Science of Selected EU Countries of Central and Eastern Europe

3 The Constitutionalization and the Europeanization of Private Law in the Czech Republic

Ondřej Frinta

4 Are the Constitutionalization and the Europeanization of Private Law Proceeding Symmetrically in Poland?

Maciej Gutowski

5 The Constitutionalization of Private Law and the Europeanization of Constitutional Law: The Slovak Constitutional Court Perspective

Tomáš Ľalík

6 The Europeanization and the Constitutionalization of Private Law in Slovakia – Connected or Separate Worlds?

Marek Maslák

7 The Constitutionalization and the Europeanization of Private Law in Romania

Ramona Delia Popescu

Part 3

Considerations on Detailed Issues of Private Law on the Example of Selected Countries of Central and Eastern Europe Belonging to the European Union

8 Remarks to the Challenge of Commercial Arbitral Awards Regarding the Breach of Public Policy in Hungarian Law

Ádám Boóc

9 The Impact of Article 18 of the Constitution of the Republic of Poland on the Europeanization of Polish Family Law

Janusz Gajda

10 The Constitutionalization and the Europeanization of Property in the Light of Polish Experiences

Szymon Kulmaczewski

11 Relations between the Constitutionalization and the Europeanization On the Example of Personal Rights and Matrimonial Law. Romanian Experiences

Radu Ştefan Pătru and Rafał Szczepaniak

12 Proportionality and Intellectual Property Law Remedies – Constitutional and EU Law Perspectives

Rafał Sikorski

13 On the Legal Issues of the Constitutionalization and the Europeanization of Contract Law Related to Agricultural Activity

Aneta Suchoń

Part 4

Conclusions – A Synthesis of the Work

14 The Essence of the Constitutionalization of Private Law and the Europeanization of Private Law

Rafał Szczepaniak

15 Axiological Differences between the Constitutionalization of Private Law and the Europeanization of Private Law

Rafał Szczepaniak

16 The Threats to Civil Law Associated with Constitutionalization and Europeanization

Rafał Szczepaniak

17 The Unique Features of Central and Eastern European EU Countries

Rafał Szczepaniak

Concluding Remarks: The Need for Methodological Eclecticism in Civil Law Studies

Bibliography

Index

Erscheinungsdatum	04.04.2025
Reihe/Serie	Constitutional Law Library ; 8
Sprache	englisch
Maße	155 x 235 mm
Gewicht	1029 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht
ISBN-10	90-04-68896-X / 900468896X
ISBN-13	978-90-04-68896-4 / 9789004688964
Zustand	Neuware