The new European private law: Essays on the future of private law in Europe

Book abstract:

Martijn W. Hesselink's collection of essays from the last five years seeks to present radical solutions to the problems confronting European private law both now and in the future. As Hesselink sees it, in what amounts to more than just a question of developing and consolidating a European Civil Code, the future facing private law and those that orchestrate and implement it will contain a number of crucial decisions and changes. These, as this book lays out, cover a range of subjects, issues, topics and problems, all of which Hesselink attempts to put in context. These are, briefly, categorised as follows: culture, principles, politics, models, rights, and the concepts/structures which make up European private law. One of the fundamental arguments put forward in the book is that private law and public law are inextricably bound up together, and that private law should, ideally, be European law.

The book contains eight chapters after the introduction. Chapter two, on 'culture', amongst other things, addresses the transition undertaken by the increasing Europeanisation of tax law, in respect of what Hesselink sees as its greater move towards more substantial and practical methods. Chapter three turns to the principles of European contract law laid down by the Lando Commission in 2002, with special emphasis on the methods of those that developed the changes in the law, as well as matters of politics, culture, economics, and tensions over change and conservatism. In chapter four, on 'models', there is work on the impact of the New Dutch Civil Code, in particular the dilemma over whether or not the code is a suitable model for the future, and chapter five, on 'politics', scrutinises the future political implications of European contract law. Chapter six explores European private law in terms of its increasing constitutionalisation and its influence on fundamental human rights, chapter seven looks at the problematic notion of 'good faith', and chapter eight considers how the structure of European private law should look in the future.