The harmonisation of private law in Europe and children's tort liability: a case of fundamental and children's rights mainstreaming

Ferreira, Nuno (2011) The harmonisation of private law in Europe and children's tort liability: a case of fundamental and children's rights mainstreaming. International Journal of Children's Rights, 19 (3). pp. 571-594. ISSN 0927-5568

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Abstract

The debate around private law harmonisation in the EU has gradually moved from a narrow scope of market-related issues to the creation of a European civil code. The relationship between this process and children’s rights is, however, rarely acknowledged. The political, social and legal legitimacy of these harmonisation eff orts have come under strict scrutiny, but hardly ever from the point of view of children. This article explores the impact of the process of legal harmonisation on children’s rights, and uses the issue of children’s tort liability as a case-study. The legal solutions in this field are analysed and compared, and the academic proposals for harmonisation are assessed. This choice of subject and approach allows us to assess the advisability of further harmonisation, illustrate the importance of socio-economic factors in this process, and highlight the relevance of children’s rights and fundamental rights to this debate.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0201 Jurisprudence. Philosophy and theory of law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K0600 Private law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K0623 Civil law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K3150 Public law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K3154 Constitutional law
K Law > KJ Europe
Depositing User: Nuno Ferreira
Date Deposited: 13 Sep 2016 06:31
Last Modified: 13 Mar 2017 11:38
URI: http://sro.sussex.ac.uk/id/eprint/63228

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