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Formation, Development and Modern State of Private International Law in the European Union

Author

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  • Oksana Rudenko

    (Yuriy Fedkovych Chernivtsi National University)

Abstract

The article discloses the formation, development and modern state of private international law in the European Union. The concept of “European private international law†, including an analysis of the term in a narrow, wide and broadest sense is revealed in the article. The author analyses three main stages in the development of the private international law (PIL) in the EU, in particular: formation (1957 ‒ 1999); active development ‒ after the entry into force of the Amsterdam Treaty (1999 ‒ 2009); modern period ‒ after the entry into force of the Lisbon Treaty (2009 ‒ present).This article examines the limits of EU legislation as the source of a single law and highlights the difficulties associated with projects on the codification of private law in the EU. Such an approach may be appropriate in the current state of EU integration if it is limited by the rules of binding contract law and the provisions of private international law. Further harmonization of private law in Europe also requires significant changes in the institutional structure for the creation of uniform rules and the development of new methods of regulation.

Suggested Citation

  • Oksana Rudenko, 2018. "Formation, Development and Modern State of Private International Law in the European Union," European Journal of Law and Public Administration, Editura LUMEN, vol. 5(2), pages 34-46, December.
    • Handle: RePEc:lum:ejlpa1:v:5:y:2018:i:2:p:34-46
    DOI: https://doi.org/10.18662/eljpa/40
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    More about this item

    Keywords

    European Union; European private international law; private international law; harmonization; unification; law of collision; conflict law; material law; foreign element.;
    All these keywords.

    JEL classification:

    • H7 - Public Economics - - State and Local Government; Intergovernmental Relations
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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