The conversations together with Hans-Wolfgang Micklitz are an opportunity to compare the theory of the Perlingerian Civil Law School with the illustrious exponent of the German civil legal culture. In this introduction the topics mentioned are some of the many addressed during the discussions. It is important to signal the systemic scope of the constitutionalization of private law; the constitutionalizing transnationality of private law; the relationship between the “inside” and the “outside” of the law, that is, between the law and the fact; the role of history and comparison; the common legal cultures of European private law; the idea of a European civil code; the European attempt to regulate the sale of chattels as common law; the connection of contracts between businesses and contracts with consumers and the overcoming of the two categories.
Introduzione ai Colloquio con Hans-Wolfgang Micklitz
Caterini Enrico
2024-01-01
Abstract
The conversations together with Hans-Wolfgang Micklitz are an opportunity to compare the theory of the Perlingerian Civil Law School with the illustrious exponent of the German civil legal culture. In this introduction the topics mentioned are some of the many addressed during the discussions. It is important to signal the systemic scope of the constitutionalization of private law; the constitutionalizing transnationality of private law; the relationship between the “inside” and the “outside” of the law, that is, between the law and the fact; the role of history and comparison; the common legal cultures of European private law; the idea of a European civil code; the European attempt to regulate the sale of chattels as common law; the connection of contracts between businesses and contracts with consumers and the overcoming of the two categories.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


