The Influence of Human Rights and Basic Rights in Private Law
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Beschreibung
This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions.
This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions.
This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
Offers valuable comaparative insights into the influence of basic rights and human rights in private law Includes analyses of recent judicial and legislative changes and proposals in different countries Brings together a group of renowned scholars on a much-debated issue Focuses on the influence of international courts and de lege ferenda proposals
Autor*in
Verica Trstenjak
Themen in »The Influence of Human Rights and Basic Rights in Private Law«
Basic Rights in Private Law Fundamental rights in private Law Fundamental rights in private relations Human Rights in Private Law Human rights and basic rights as an axiological binder Indirect horizontal effect Influence of Human Rights Influences on human rights and basic rights Protection of the basic rights in private law The fundamental rights in the “velvet revolution" Third party effect of basic rights
Stimmen zu »The Influence of Human Rights and Basic Rights in Private Law«
“This book presents a comparative perspective on the influence of basic rights and human rights (fundamental rights) in private law across 18 national jurisdictions worldwide and within the legal order of the European Union. … The book offers a valuable contribution to this debate. Within the selected fields of private law, it provides broad and rich insight into various approaches in 18 jurisdictions from all over the world.” (Mirjam De Mol, Rabels Zeitschrift für ausländisches und internationales Privatrecht RabelsZ, Vol. 82 (02), 2018)
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