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urn:uuid:67824104-1de5-423a-ba57-6b844d6feef9 03 15 9781805115083 00 EB E101 10 01 01 Uncovering European Private Law A Student Handbook 1 A01 Marija Bartl Prof. Dr. Marija Bartl is Professor of Transnational Private Law at the Amsterdam Law School and the Director of the Amsterdam Centre for Transformative Private Law (ACT). She is a (co)president of European Law Unbound-Society and the editor of European Law Open. She has taught several courses, including ‘European Contract Law’, ‘Private Law in European and International Perspective’, ‘Law as a Change-Maker’, and ‘Making Markets Beyond the State’. Bartl has held appointments as a Fernand Braudel Fellow at the European University Institute, a Fellow at the Institute of Advanced Studies in Nantes, Visiting Fellow at the Harvard Law School, Boston University and the Max Planck Institute for Comparative Law in Hamburg. She has recently published an open access monograph Reimagining prosperity: Toward a New Imaginary of Law and Political Economy in the EU (CUP, 2024). Currently, Bartl is working on her ERC-funded project ‘Law as a Vehicle for Social Change: Mainstreaming Non-Extractive Economic Practices (N-EXTLAW)’, exploring how private law may help mainstream ‘non-extractive economic practices’. See https://www.uva.nl/profiel/b/a/m.bartl/m.bartl.html 2 B01 Laura Burgers Dr. Laura Burgers works as an Assistant Professor at the Amsterdam Law School and ACT. Her research is situated at the intersection of sustainability issues, private law, fundamental rights, and legal theory. Her interests include climate litigation, rights of future generations and rights of nature. She teaches in the University of Amsterdam’s (UvA) private law programmes, supervises an Environmental Justice Clinic and coordinates a five-hundred-student bachelor course on law and sustainability. She works often with societal partners including the artistic-philosophical collective Embassy of the North Sea. She is one of the national experts in the United Nations (UN) program Harmony with Nature. See <uri>https://www.uva.nl/en/profile/b/u/l.e.burgers/l.e.burgers.html</uri> 3 B01 Chantal Mak Prof. Dr. Chantal Mak is Professor of Private Law, specialising in fundamental rights and private law, at the Amsterdam Law School and ACT. She is a teacher and former programme director of the LL.M. in transnational and European Private Law at the Amsterdam Law School. Her research focuses on the legal-theoretical and constitutional legal framework for private law in Europe, with a special interest for the role of the judiciary in European Private Law. See <uri>https://www.uva.nl/profiel/m/a/c.mak/c.mak.html</uri> 01 eng 00 368 03 23 Business and Management 23 European private law 10 LAW014000 23 Comparative legal systems 23 Law 10 LAW016000 23 Contract and tort law 10 LAW059000 10 LAW011000 23 Transnational legal frameworks 23 Sustainability in law 23 Digitalization in private law 01 06 03 00 Aimed at bridging a crucial gap in legal education, Uncovering European Private Law provides a comprehensive introduction to the evolving field of European private law. This innovative handbook addresses the interplay of national, European, and transnational rules governing relationships between private actors, including individuals and businesses. Designed with students in mind, this volume not only covers foundational concepts but also explores cutting-edge developments in areas such as contract, tort, property, and company law.What sets this handbook apart is its contextual approach. By integrating societal and theoretical perspectives, it encourages students to critically evaluate private law's role in addressing global challenges like digitalization, sustainability, and globalization. Gathering the expertise of over twenty international law scholars, the handbook reflects the expertise of academics deeply engaged in teaching and research.With structured chapters and accessible narratives, this handbook replaces piecemeal materials previously used in courses. It offers coherence and depth, making it an essential resource for understanding the legal frameworks that shape commerce, legal practice, and broader societal issues. Whether for mandatory or elective courses, this guide empowers students to navigate and critically assess the dynamic field of European private law providing an essential resource for the private lawyers of the future. 04 00 Contributor Biographies I. INTRODUCTION 1. The Evolving Concept of Private Law in Europe 3 Laura Burgers, Marija Bartl, and Chantal Mak 1. The ‘Private’ in Private Law 2. Private Autonomy as a General Principle of Private Law 3. The Maker of Private Law in Europe 4. The Meaning of ‘European Private Law’ 5. Points for Reflection Bibliography II. FOUNDATIONS 2. (In)justice in European Private Law 23 Martijn W. Hesselink 1. Introduction 2. The Idea of Justice 3. Private Law as an Agent of (In)justice 4. The EU’s Responsibility for Justice 5. EU Private Law as an Agent of (In)justice Points for Reflection Bibliography 3. Negative Integration, European Private Law, and the Government’s Role in the Marketplace 45 C. J. W. (Jaap) Baaij 1. Introduction 2. The Evolution from Negative to Positive European Integration 3. The Normative Link between Negative Integration and European Private Law 4. Concluding Remarks 5. Points for Reflection Bibliography 4. Positive Integration: Harmonisation of National Law through Directives and Regulations 65 Marco B. M. Loos 1. Introduction 2. Legal Architecture 3. Societal Relevance: Stakes and Challenges 4. Points for Reflection Bibliography 5. Human Rights in Private Law 89 Chantal Mak 1. Introduction: Private Actors and the Public Interest 2. Legal Context: Constitutionalising Private Law 3. Societal Relevance: The Imaginative Power of Private Law 4. Points for Reflection Bibliography III. INSTITUTIONS 6. Bona fides (Good Faith) in European Private Law 109 Talya Deibel Introduction Legal Context Societal Implications Conclusion and Points for Reflection Bibliography 7. Concepts of Ownership in European Property Law: Centralising the Social Function of Ownership 127 Eva Vermeulen 1. Introduction: What Is European Property Law? 2. Legal Context: Three Concepts of Ownership and their Coexistence in European Property Law 3. Prevalent Ownership Concepts and Their Effects on Rising Inequality and Ecological Disaster 4. Conclusion: Time for a More Central Role for Social Ownership? 5. Points for Reflection Bibliography 8. Limited Liability through the Lens of Expected Value Analysis 155 Michael Bakker and Rolef de Weijs 1. Introduction: The Limited Liability Corporation 2. Expected Value, Expected Return, and Expected Rate of Return 3. Limited Liability through the Lens of Expected Value Analysis 4. Legal Strategies to Address Externalisation through the Corporate Form 5. Conclusion and Points for Reflection Bibliography 9. Consumers in European Private Law 171 Joasia Luzak 1. Introduction: ‘Ordinary People’ 2. Legal Architecture 4. Points for Reflection: ‘Try Again’ Bibliography IV. TRANSFORMATIONS 10. Social Enterprises and the Role of Profit in Company Law 193 Nena van der Horst and Marleen van Uchelen 1. Introduction 2. Legal Framework for Profit Distribution in Social Enterprises in Europe 3. Profit Distribution in Social Enterprises in a Societal Context 4. Conclusions 5. Points for Reflection Bibliography 11. Financial Crises and European Private Law 207 Guido Comparato 1. Introduction 2. Legal Context 3. Societal Relevance 4. Points for Reflection Bibliography 12. The Construction of European Housing Markets through European Private Law 229 Irina Domurath 1. Introduction 2. EU ‘Housing Regulation’ with Impact on Contract Law 3. Beyond the Law: Welfare, Commodities, and Finance 4. Conclusions and Points for Reflection Bibliography 13. Data Subjects in European Private Law 255 Antonio Davola 1. Introduction 2. Legal Context: Data Subjects and Their Rights in the European Normative Framework 3. Societal Relevance: Control over Data as a Core Concept for Individuals’ Freedom 4. Points for Reflection Bibliography 14. EU Sustainable Finance Regulation: An Analysis in the Context of Contemporary Debates in European Private Law 273 Jennifer de Lange-Collins 1. Introduction: Sustainable Finance, in the Context of Issues in EPL 2. Legal Context: The EU Approach to Sustainable Finance 3. Societal Context: Analysis of the EU approach to Sustainable Finance 4. Conclusions 5. Points for Reflection Bibliography V. METHODS 15. Private Law and Political Economy 297 Marija Bartl 1. Introduction: On ‘Law and Political Economy’ as an Approach to Studying Law 2. Legal Context 3. Markets and Private Law 4. Societal Implications: Transforming Markets via Private Law 5. Points for Reflection Bibliography 16. Methods of Comparative Legal Research: How to Set Up and Carry Out a Comparative Legal Research Project 311 Marieke Oderkerk 1. Introduction 2. A Methodological Framework for Comparative Legal Research 3. Goals of Comparative Legal Research 4. Methods and Techniques of Comparative Legal Research 5. Conclusion 6. Points for Reflection Bibliography Index Open Book Publishers 01 Open Book Publishers 04 01 20250605 02 WORLD 06 15 9781805115052 06 15 9781805115069 06 15 9781805115076 06 15 9781805115090 06 15 9781805115083 WORLD 09 Open Book Publishers 20 02 5.99 GBP WORLD