Flashcards on European Private Law and Fundamental Rights
European Private Law and Fundamental Rights: Student Guide
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European Private Law
34 cards
Card 1
Question: What is the current general state of European private law (EPL)?
Answer: EPL remains mainly national: each state retains its own private law (codes, case law, institutions), though practised within a multi-level framework i
Card 2
Question: What does a “global jurist” working in European private law operate within?
Answer: A multi-level framework made up of national private law, private international law (PIL), international substantive instruments, and EU law.
Card 3
Question: In what two senses is 'European Private Law' used?
Answer: As a multi-level field (national, EU, ECHR, international) and as a method of studying private law (transdisciplinary, comparative, contextual).
Card 4
Question: Why did private law become mainly national after the 19th century?
Answer: Nation-states codified private law (e.g., Code civil, BGB) during the 19th century, making civil codes central to national identity and legislative au
Card 5
Question: How did Roman law and the ius commune influence European private law historically?
Answer: They formed a common European tradition for private law, taught in universities for centuries, which influenced later national codifications.
Card 6
Question: According to Collins, what symbolic role do civil codes and common law play?
Answer: They act as symbols of national identity and solidarity.
Card 7
Question: What contemporary reasons sustain the national character of private law?
Answer: Deeply rooted national concepts (autonomy, good faith, property, liability), state-based enforcement mechanisms (courts, procedures), and regulatory c
Card 8
Question: How do constitutions increasingly influence private law?
Answer: Through constitutional principles (equality, non-discrimination, proportionality) and fundamental rights (e.g., property, access to justice), applied
Card 9
Question: What ambiguity does Collins note about linking private law to constitutional rights?
Answer: The link can express cosmopolitan human-rights ideals but may also reinforce national identity.
Card 10
Question: What role do civil codes play in civil-law countries?
Answer: They provide systematic and largely complete frameworks for private law disputes, typically covering persons, property, obligations, family, and succe