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European Civil Area : from a substantive structure to a procedural construction Thesis defended by Julie Bauchy, under the supervision of Attal (IRDEIC)
on the December 5, 2014
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European Civil Area : from a substantive structure to a procedural construction

European Civil Area : from a substantive structure to a procedural construction

Abstract :

Europe of law is a reality. From economic liberties, freedoms of movement and human rights, now Europe is also developing in the field of civil law. Within the movement of Europeanization of Member States civil law, European judicial integration contributes to the construction of a European civil area. This observation leads to wonder about the structure of such area. While the actual trend is to promote a substantive structure, the procedural approach could also be explored, and even preferred. Classically, due to methodological issues, the European civil area construction is studied through approximation of substantive laws. However, the structure may not be entirely based on substance, especially since the area is constituted of different aggregated elements, which interact altogether. This study aims to analyse the European civil area also through European Union civil procedural law. Being in constant consolidation, the latter seems to be able to reveal the civil area as it allows to fulfil and to coordinate civil laws within the European judicial area.

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