In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law.
He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
- Introduction. Culture
- The New European Legal Culture. Principles
- The Principles of European Contract Law: Some Choices Made by the Lando Commission. Models
- The New Dutch Civil Code: An Example for a European Code? Politics
- The Politics of European Contract Law: Who Has an Interest in What Kind of Contract Law for Europe? Rights
- The Horizontal Effect of Social Rights in European Contract Law. Concepts
- The Concept of Good Faith. Structure
- The Structure of the New European Private Law