Full Description
In this book a team of expert contributors address challenging issues concerning the relationship between private law and the rule of law and human rights, with specific focus on case studies from South-Eastern Europe.
The book examines the broadening application of human rights to the private law fields and the resulting effects. Contributors offer a truly interdisciplinary perspective drawn from comparative law, civil law, procedural law and public law. By so doing, for the first time, they offer insights into the fascinating questions the region poses for private law and human rights.
Contents
Section 1 - Private Law and Rule of Law - Theoretical Frameworks
1. Private Law, Rule of Law and ECtHR: An Introduction
2. The ECtHR and Private Law
3. The ECtHR and Transition Democracies
Section 2 - Comparative Perspectives from South-Eastern Europe
4. ECtHR and the Derogation in Time of Emergency - the Case of Republic of North Macedonia
5. Consumer Law and Fundamental Rights - the Case of Western Balkans
6. Montenegro
7. Serbia
8. Croatia
9. ECtHR and Property Right: Comparative Perspectives
10. Property Right and Religion: The Lake Ohrid Case
11. Albania
12. Slovenia
Section 3 - Comparative Analysis and Future Directions of Research
13. Fundamental Rights and Private Law
14. The ECtHR and Next Generation EU
15. Comparative Analysis and Conclusions
