Projects / Programmes
The influence of European law on Slovenian private law
January 1, 2004
- December 31, 2008
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S110 |
Social sciences |
Juridical sciences |
| S130 |
Social sciences |
Civil law: persons, family, marriage contract, successions, gifts, property, obligations, guarantees |
Law, private law, civil law, comparative law, European law, EU law
Researchers (10)
Organisations (1)
Abstract
Private (civil) law is the law of everyday life; therefore it has to function in reality. Rules of private law penetrate people’s conscience as they regulate their mutual relations (including relations between businesses); therefore too frequent changes of these norms are not appropriate, as demonstrated by comparative law. Civil codes typically survive decades or even centuries without major changes in their concept. Numerous steps towards harmonisation of private law have been taken within the EU, albeit a unified codification remains distant. Civil law reaches many of the core aims of the EU, especially the protection of human rights and the common market. Obstacles to harmonisation are especially the unwillingness of most member states to give up their civil codes, and the conceptual differences between continental law and common law, which hinder reaching a compromise. EU legislation partially covers the following fields: competition law, intellectual property, company law, securities market, banking and insurance law, consumer law. In several fields, European harmonisation has also been reached by acts of other international organisations, especially the UNO (e.g. the Vienna Convention on International Sale of Goods) and acts of international autonomous law (e.g. various collections of terms by the International Chamber of Commerce). The research will establish how European law (in the widest sense) has influenced the state of Slovenian law so far and especially what its influence is likely to be in the future. By that we do not mean only the harmonisation of legislation, which is our international duty anyway, but also what has been quite neglected so far: the influence of European case-law and legal theory on Slovenian practice and theory. The comparative legal method will be used in the research. We will perform an analysis of relevant legislation, jurisprudence and doctrine of the EU and member states. The research will signify a qualitative leap from the mentality that by transposing European legislation the Europeanization of Slovenian law is complete, to the awareness that a regulation needs to be used and interpreted in the light of the circumstances of its origin.
Significance for science
The results of the programme will contribute to the inclusion of Slovenia into European social-economical and cultural environment. The acceptance of European legal values directly influences the effective technological development, for which a stabile and consistent legal framework is essential as it provides legal certainty and encourages international technological connections, esp. foreign investment. For the development of Slovenian legal science, the existing legal framework needs to be evaluated first and within the European legal context. The study of Slovenian private law in the context of other European legal systems and EU law gives appropriate legal basis for the preparation of qualitative normative solutions, already proved to be efficient in comparative law. On the other hand, it also contributes to the development of Slovenian legal theory and enables it to establish such solutions and bring them into practice. The significance of the research programme is in the unified regulation of different types of legal relations, providing greater legal certainty of individuals and greater transparency of legal issues and related individuals’ rights. In a wider sense, a unified European regulation should be sought through harmonisation and unification, and non-discriminatory freedoms of the European internal market should be fully protected both through Community’s and Member States’ law. Having achieved a modern legal system and a developed judicial practice, Slovenia will be able to serve as a model for legal reform and development in other countries, especially in the region of Central and South-Eastern Europe.
Significance for the country
The acquired knowledge will provide an essential professional and scientific basis for further development of civil legislation. The results of the research programme will continue to be transferred into the users’ sphere, especially through publishing and carrying out educational and academic activities. The users of the research results are especially students of law and of other trades, officials and other employees in state administration and the judiciary, and leading professional workers in the business sector. The harmonisation of Slovenian legislation with EU legislation and with the legal systems of other European countries will contribute to a higher level of harmonisation of international relations in general and to a better protection of rights. This will help Slovenia avoid various procedures before any of the European courts, and at the same time take away some of the burden from domestic courts. Such development of positive law and legal theory provides legal practice with a clear basis for unified and efficient legal decision-making, which increases legal certainty of all subjects and provides a comparative transparency of Slovenian legal order, which is essential both for the increase of competitive capability of Slovenian economy an for the attraction of foreign investment. The cooperation of the research group with various users both from private and public sector proves that the results of our research work serve their purpose. Our research work also influences the development of under-graduate and post-graduate education in the field of private law.
Most important scientific results
Final report,
complete report on dLib.si
Most important socioeconomically and culturally relevant results
Final report,
complete report on dLib.si
