유럽에서의 民事法의 통일화

• 영문명: The Unification of European Private Law
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 박영복(Young-Bok Park)
• 간행물 정보: 『비교사법』比較私法 제13권 제2호, 155~190쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.01

영문 초록

  It is possible to discern a progressive europeanization in the area of the private law. But the europeanization movement is not limited to legislation.
  First in this article is described the unification of private law by means of international convention which is sometimes regarded as an antecedent to the present europeanization(Ⅱ), after give an brief account of the growing unification in Europe and the european law culture(Ⅰ). To understand the impact of the European Community on private law is taken account of the legislative bases in the European Treaty(Ⅲ), which explain not only the present state of the Community’s achievements, but also the peculiar problems connected to the instrument of the national legal systems of the Member States. The legislative process is split up into two phases, the first at the Community level and the second within the single Member States. Although they are diminished by the duty of the courts to the national law in conformity with the directive the differences in form and content that remain after harmonization has taken place are still considerable. Another consequence of the implementation of private law directives are tensions with the structure of the existing national legislation.
  These observations point to the need of a more general approach. The piecemeal legislation of the Community cannot cope with divergencies resulting from the context of national law and in particular with differences in structure, principles and concepts. The harmonization of the general framework which accommodates specific instruments could be carried out by the courts(Ⅳ) and by legal scholarship(Ⅴ). The important facets of the process are the contributions of the European Court of Justice and of legal scholarship which has turned to the analysis of general principles of private law in various fields. The Commission on European Contract Law has certainly made the greatest progress in its work. There are many groups of scholars devoted to the elaboration dealing with the areas of the private law.
  On the basis of this understanding of the states in europe it is given the outlook of the european private law(Ⅵ).

목차

Ⅰ. 머리말
Ⅱ. 국제조약에 의한 통일화
Ⅲ. 공동체법에 의한 통일화
Ⅳ. 司法에 의한 통일화
Ⅴ. 일반원칙의 정립에 의한 통일화
Ⅵ. 유럽민법의 전망
[참고문헌]
【ABSTRACT】

키워드

유럽민법 유럽통합 통일화 EC지침 지침의 수용 유럽공동체법 유럽사법재판소 EC 조약 유럽계약법원칙 유럽민법전 Unification of European Private Law Harmonization of the law Europeanization European Court of Justice European Contract Law Implementation EC directives Treaty on European Union Study Group on a European Civil Code