Constitutionalisation of Private Law by Tom Barkhuysen and Siewert Lindenbergh pdf

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Constitutionalisation of Private Law by Tom Barkhuysen and Siewert Lindenbergh pdf free download

Constitutionalisation of Private Law by Tom Barkhuysen and Siewert Lindenbergh pdf free download. Constitutionalisation of private law: an ‘enrichment of legal discourse’, or ‘nonsense on stilts’? The issue of the influence of fundamental rights in private law can be localized in the middle of this friction. There appear to be passionate ‘believers’ as well as persistent ‘sceptics’. Therefore, constitutionalisation of private law is, at least, of importance from an academic point of view.

Constitutionalisation of Private Law by Tom Barkhuysen and Siewert Lindenbergh pdf free download

The influence of fundamental rights in private law is, however, not ‘just’ a matter of academic discourse. This publication opens with two fundamental contributions, by representatives from both ends of the spectrum, Hans Nieuwenhuis and Jan Smits. Vino Timmerman illustrates that fundamental rights are already clearly influencing private law, even in the ‘hard-core’ area of company law. The influence of fundamental rights in private law depends, partly at least, on the constitutional framework created by the legislator.

Constitutionalisation of Private Law by Tom Barkhuysen and Siewert Lindenbergh pdf free download

When creating the Netherland’s constitution (Grondwet) in 1983, the legislator took a rather reluctant position towards the horizontal effect of fundamental rights. Therefore, from a (national) constitutional point of view, the freedom of the judiciary to allow a horizontal effect to constitutional rights is substantially limited, as is set out by Wim Voermans. On the other hand, the reluctance towards the influence of the national constitution on private law, has – at least in the Netherlands – served as a strong incentive to invoke in private law issues the fundamental rights laid down in the European Convention on Human Rights.

Constitutionalisation of Private Law by Tom Barkhuysen and Siewert Lindenbergh pdf free download

Constitutionalisation of Private Law by Tom Barkhuysen and Siewert Lindenbergh pdf free download

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