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The Theory and Practice of EU Private Law - Bacharis/Osmola

Dates:
  • Wed 02 Dec 2020 11.00 - 16.00
  Add to Calendar 2020-12-02 11:00 2020-12-02 16:00 Europe/Paris The Theory and Practice of EU Private Law - Bacharis/Osmola

EU private law is a complex area of law with several peculiar characteristics. Not only there is no common statute apart from European acts which only partially regulate certain fields, but the rules that do exist interact with many different national legal systems. In fact, there is not even a consensus on what EU Private Law is, with different scholars focusing on the EU legal acts and their implementation as its main feature, others on ECJ caselaw and yet others on the various codification projects which have so far not been successful.

The course will cover not just the subject matter of EU private law, but also pinpoint its theoretical underpinnings and illustrate its distinctive aspects. It will focus on analyzing if (and how) EU private law is distinct from national law, with respect both to its content and its normative structure. The often repeated notion of the special nature of EU private law will be presented, and its premises challenged. We will then proceed to discuss two specialized topics - the concept of good faith in EU contract law and the instrumentalization of European tort law - in order to show the practical implications of the theoretical insights that we have developed.

The course is introductory and requires no previous knowledge of EU private law. It will be structured around the discussion of specific ECJ decisions or EU legal acts, which will be available and read during class. There will also be a catalogue of recommended literature for each class. The course is aimed at early stage researchers in areas adjacent to EU private law and attempts to help elucidate some of the fundamental problems that arise and need to be dealt with when writing a thesis in this field.

The objective of the course is not to give the participants an all-encompassing knowledge of the vast area of EU private law, but rather to present the way its rules function in practice and underline its differences with national private law. The organizers are themselves researchers working on EU private law and have had to deal time and again with its peculiar difficulties, therefore their experience thus far could prove helpful for anyone working on a thesis or paper in a related area. By the end of the course the participants will hopefully have attained a fuller understanding of the challenges a scholar of EU private law will inevitably have to face.

Sala degli Stemmi - Villa Salviati- Castle DD/MM/YYYY
  Sala degli Stemmi - Villa Salviati- Castle

EU private law is a complex area of law with several peculiar characteristics. Not only there is no common statute apart from European acts which only partially regulate certain fields, but the rules that do exist interact with many different national legal systems. In fact, there is not even a consensus on what EU Private Law is, with different scholars focusing on the EU legal acts and their implementation as its main feature, others on ECJ caselaw and yet others on the various codification projects which have so far not been successful.

The course will cover not just the subject matter of EU private law, but also pinpoint its theoretical underpinnings and illustrate its distinctive aspects. It will focus on analyzing if (and how) EU private law is distinct from national law, with respect both to its content and its normative structure. The often repeated notion of the special nature of EU private law will be presented, and its premises challenged. We will then proceed to discuss two specialized topics - the concept of good faith in EU contract law and the instrumentalization of European tort law - in order to show the practical implications of the theoretical insights that we have developed.

The course is introductory and requires no previous knowledge of EU private law. It will be structured around the discussion of specific ECJ decisions or EU legal acts, which will be available and read during class. There will also be a catalogue of recommended literature for each class. The course is aimed at early stage researchers in areas adjacent to EU private law and attempts to help elucidate some of the fundamental problems that arise and need to be dealt with when writing a thesis in this field.

The objective of the course is not to give the participants an all-encompassing knowledge of the vast area of EU private law, but rather to present the way its rules function in practice and underline its differences with national private law. The organizers are themselves researchers working on EU private law and have had to deal time and again with its peculiar difficulties, therefore their experience thus far could prove helpful for anyone working on a thesis or paper in a related area. By the end of the course the participants will hopefully have attained a fuller understanding of the challenges a scholar of EU private law will inevitably have to face.


Location:
Sala degli Stemmi - Villa Salviati- Castle

Affiliation:
Department of Law

Type:
Research seminar

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