The European integration puts the traditional paradigm of civil law in crisis: a) on the basis of the freedoms recognised by the Treaties, EU civil law causes the opening up of domestic law, the overcoming of the rules of private international law, in particular the principle of reciprocity, b) the subjects of law are no longer considered as equals, but their relative situation is taken into account, c) there is a discipline of non-pecuniary interests and intangible property; d) private autonomy is not considered to be completely free and takes on new functions, e) the EU legal system is more complex than domestic legislation and this causes a crisis in the methods of legal science. The crisis of traditional civil law leads to the search for a logic capable of supporting European civil law. According to EU sources, it is impossible to determine a logic, which describes the legal system with some metaphors: the European Union as an internal market, as the information society and, finally, as a knowledge-based society. The EU civil law of a Knowledge Society is capable of transforming the traditional paradigm, which is a state of crisis, into a new coherent legal theory.
The Civil Law in the Time of the Knowledge-based Society
CIPPITANI R.
2010
Abstract
The European integration puts the traditional paradigm of civil law in crisis: a) on the basis of the freedoms recognised by the Treaties, EU civil law causes the opening up of domestic law, the overcoming of the rules of private international law, in particular the principle of reciprocity, b) the subjects of law are no longer considered as equals, but their relative situation is taken into account, c) there is a discipline of non-pecuniary interests and intangible property; d) private autonomy is not considered to be completely free and takes on new functions, e) the EU legal system is more complex than domestic legislation and this causes a crisis in the methods of legal science. The crisis of traditional civil law leads to the search for a logic capable of supporting European civil law. According to EU sources, it is impossible to determine a logic, which describes the legal system with some metaphors: the European Union as an internal market, as the information society and, finally, as a knowledge-based society. The EU civil law of a Knowledge Society is capable of transforming the traditional paradigm, which is a state of crisis, into a new coherent legal theory.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
