The European Convention on Human Rights and its impact on national private law: a comparative perspective
"Over the last two decades, the European Convention on Human Rights (ECHR) has come to play a major role in a large number of private law issues. As a result, the case-law of the ECHR has triggered significant changes in Contracting States' domestic private laws. The aim of this book is to...
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| Other Authors: | , |
| Format: | Conference Paper |
| Language: | English |
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Cambridge Antwerp Chicago
Intersentia
[2023]
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| Volumes / Articles: | Show Volumes / Articles. |
| Subjects: | |
| Online Access: | Inhaltsverzeichnis: https://swbplus.bsz-bw.de/bsz1843624087inh.htm |
| Author Notes: | edited by Matteo Fornasier, Maria Gabriella Stanzione ; list of contributors: Denise Wiedemann [und 15 andere] |
| Summary: | "Over the last two decades, the European Convention on Human Rights (ECHR) has come to play a major role in a large number of private law issues. As a result, the case-law of the ECHR has triggered significant changes in Contracting States' domestic private laws. The aim of this book is to provide a broader view of the impact of the ECHR on national private law. To that end, it begins with a comparative analysis of the interaction between the ECHR and the States Parties' domestic laws, focusing on two jurisdictions: Germany and Italy. The chapters forming the main part of the book explore, also from a comparative perspective, the influence of the ECHR on a wide range of fields of private law, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law. The analysis of cases reveals many common features, but likewise some inconsistencies, in the decisions of the European Court of Human Rights (ECtHR) involving issues of private law. The final part of the book focuses on a number of overarching issues, in particular on the role of comparative law in the reasoning of the ECtHR and on the contribution of the ECHR to European harmonisation of private law. What becomes apparent from the various contributions is that the ECHR and the case-law of the ECtHR are becoming important elements of a common European private law." -- |
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| Item Description: | "This book is the fruit of an international symposium that we organised at the German-Italian Centre for the European Dialogue, Villa Vigoni, in the summer of 2021." - Preface Literaturverzeichnis: Seite 339-356, Index: Seite 357-360 |
| ISBN: | 9781839703423 |