The University of Southampton
University of Southampton Institutional Repository

Torts, a European ius commune and the private enforcement of Community law

Record type: Article

There is a lively debate among scholars in Europe about how, if at all, the private laws (tort, contract, property) of the European nation states should be harmonised. Views range from no harmonisation at all, soft law methods such as models contained in Principles, step by step case law developments, to a fully fledged binding European Civil Code. Another hotly debated issue is the disharmonisation (fragmentation) of domestic systems of private law as a result of current and ongoing EC level harmonisation. The prime consequence of this partial legislative intervention is an enhanced role for the judiciaries of those jurisdictions: they are inevitably entrusted with the fine-tuning of the interaction between domestic and EC private law. Alien concepts make their entry into a Member State’s Civil Code or common law doctrine that do not necessarily easily fit (one scholar has called these “legal irritants”). Most likely, for the foreseeable future, piecemeal harmonisation of specific, and more or less narrow, legal fields is the only show in town.

Full text not available from this repository.

Citation

Betlem, Gerrit (2005) Torts, a European ius commune and the private enforcement of Community law Cambridge Law Journal, 64, (1), pp. 126-148. (doi:10.1017/S0008197305006811).

More information

Published date: 2005
Keywords: environment, european union, torts, breach of statutory duty, ec law, environmental liability, international law, tortious liability

Identifiers

Local EPrints ID: 27878
URI: http://eprints.soton.ac.uk/id/eprint/27878
ISSN: 0008-1973
PURE UUID: 3861abdb-7013-4e92-8e2c-d1fc0a5edf7b

Catalogue record

Date deposited: 10 May 2006
Last modified: 17 Jul 2017 16:03

Export record

Altmetrics

Contributors

Author: Gerrit Betlem

University divisions


Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton: eprints@soton.ac.uk

ePrints Soton supports OAI 2.0 with a base URL of http://eprints.soton.ac.uk/cgi/oai2

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×