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The Constitutionalization of Private Law versus the Europeanization of Private Law
A Legal Study Based on the Example of Selected Countries of Central and Eastern Europe Belonging to the European Union
Series: - Constitutional Law Library, Volume: 8
Volume Editor:
Every active lawyer nowadays must be a constitutionalist, that is, an expert in constitutional law. This thought also applies to civil law specialists. The constitutionalization of private law and the Europeanization of private law are among the most fascinating phenomena of contemporary civil law science. A comprehensive comparison of the two phenomena has not yet been made. Even more so, it was not done from the perspective of the new EU member states. This gap is filled by this edited volume.
Rafał Szczepaniak, Ph.D., D.Sc. (1970), is Assocociate Professor at AdamMickiewicz University in Poznań (UAM), Poland and author of many scientific publications on the theory of private law, including
Constitutional barriers to the applicability of private law in the public sector. A comparative study with particular emphasis on Polish and German law (Adam Mickiewicz University Press, 2020) .
Preface
List of Cases
Notes on Contributors
Introduction: The Assumptions Forming the Basis of the Monograph
Rafał Szczepaniak
Part 1
General Considerations on the Constitutionalization and Europeanization of Private Law in the EU Context
1 Evolution or Revolution? Some Reflections on the Constitutionalization and the Europeanization of Private Law
Marek Safjan
2 Private Law within the Process of Europeanization
Maciej Szpunar
Part 2
General Considerations on the Constitutionalization and the Europeanization of Private Law in the Context of the Law and Legal Science of Selected EU Countries of Central and Eastern Europe
3 The Constitutionalization and the Europeanization of Private Law in the Czech Republic
Ondřej Frinta
4 Are the Constitutionalization and the Europeanization of Private Law Proceeding Symmetrically in Poland?
Maciej Gutowski
5 The Constitutionalization of Private Law and the Europeanization of Constitutional Law: The Slovak Constitutional Court Perspective
Tomáš Ľalík
6 The Europeanization and the Constitutionalization of Private Law in Slovakia – Connected or Separate Worlds?
Marek Maslák
7 The Constitutionalization and the Europeanization of Private Law in Romania
Ramona Delia Popescu
Part 3
Considerations on Detailed Issues of Private Law on the Example of Selected Countries of Central and Eastern Europe Belonging to the European Union
8 Remarks to the Challenge of Commercial Arbitral Awards Regarding the Breach of Public Policy in Hungarian Law
Ádám Boóc
9 The Impact of Article 18 of the Constitution of the Republic of Poland on the Europeanization of Polish Family Law
Janusz Gajda
10 The Constitutionalization and the Europeanization of Property in the Light of Polish Experiences
Szymon Kulmaczewski
11 Relations between the Constitutionalization and the Europeanization On the Example of Personal Rights and Matrimonial Law. Romanian Experiences
Radu Ştefan Pătru and Rafał Szczepaniak
12 Proportionality and Intellectual Property Law Remedies – Constitutional and EU Law Perspectives
Rafał Sikorski
13 On the Legal Issues of the Constitutionalization and the Europeanization of Contract Law Related to Agricultural Activity
Aneta Suchoń
Part 4
Conclusions – A Synthesis of the Work
14 The Essence of the Constitutionalization of Private Law and the Europeanization of Private Law
Rafał Szczepaniak
15 Axiological Differences between the Constitutionalization of Private Law and the Europeanization of Private Law
Rafał Szczepaniak
16 The Threats to Civil Law Associated with Constitutionalization and Europeanization
Rafał Szczepaniak
17 The Unique Features of Central and Eastern European EU Countries
Rafał Szczepaniak
Concluding Remarks: The Need for Methodological Eclecticism in Civil Law Studies
Bibliography
Index
List of Cases
Notes on Contributors
Introduction: The Assumptions Forming the Basis of the Monograph
Rafał Szczepaniak
Part 1
General Considerations on the Constitutionalization and Europeanization of Private Law in the EU Context
1 Evolution or Revolution? Some Reflections on the Constitutionalization and the Europeanization of Private Law
Marek Safjan
2 Private Law within the Process of Europeanization
Maciej Szpunar
Part 2
General Considerations on the Constitutionalization and the Europeanization of Private Law in the Context of the Law and Legal Science of Selected EU Countries of Central and Eastern Europe
3 The Constitutionalization and the Europeanization of Private Law in the Czech Republic
Ondřej Frinta
4 Are the Constitutionalization and the Europeanization of Private Law Proceeding Symmetrically in Poland?
Maciej Gutowski
5 The Constitutionalization of Private Law and the Europeanization of Constitutional Law: The Slovak Constitutional Court Perspective
Tomáš Ľalík
6 The Europeanization and the Constitutionalization of Private Law in Slovakia – Connected or Separate Worlds?
Marek Maslák
7 The Constitutionalization and the Europeanization of Private Law in Romania
Ramona Delia Popescu
Part 3
Considerations on Detailed Issues of Private Law on the Example of Selected Countries of Central and Eastern Europe Belonging to the European Union
8 Remarks to the Challenge of Commercial Arbitral Awards Regarding the Breach of Public Policy in Hungarian Law
Ádám Boóc
9 The Impact of Article 18 of the Constitution of the Republic of Poland on the Europeanization of Polish Family Law
Janusz Gajda
10 The Constitutionalization and the Europeanization of Property in the Light of Polish Experiences
Szymon Kulmaczewski
11 Relations between the Constitutionalization and the Europeanization On the Example of Personal Rights and Matrimonial Law. Romanian Experiences
Radu Ştefan Pătru and Rafał Szczepaniak
12 Proportionality and Intellectual Property Law Remedies – Constitutional and EU Law Perspectives
Rafał Sikorski
13 On the Legal Issues of the Constitutionalization and the Europeanization of Contract Law Related to Agricultural Activity
Aneta Suchoń
Part 4
Conclusions – A Synthesis of the Work
14 The Essence of the Constitutionalization of Private Law and the Europeanization of Private Law
Rafał Szczepaniak
15 Axiological Differences between the Constitutionalization of Private Law and the Europeanization of Private Law
Rafał Szczepaniak
16 The Threats to Civil Law Associated with Constitutionalization and Europeanization
Rafał Szczepaniak
17 The Unique Features of Central and Eastern European EU Countries
Rafał Szczepaniak
Concluding Remarks: The Need for Methodological Eclecticism in Civil Law Studies
Bibliography
Index
Scholars specializing in three areas of law: private law, constitutional law and European law and practicing lawyers dealing with cases in the field of private and European law.