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The book analyses how fundamental rights operate in private law on the example of judicial enforcement of fundamental rights. Five distinct ways of such judicial adjudication in a private law case involving a fundamental right are identified and examined in ten European countries: England and Wales, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Poland and Spain.

The finding of the comparative analyses presents answers to the questions of ‘how do the courts adjudicate on a private law dispute involving a fundamental right?’ and ‘why do the courts invoke a constitutional category of fundamental rights in a private law dispute?’ The book concludes with the models of fundamental rights operation in private law which are based on the “institutional” and “doctrinal” factors.

Anna Lytvynyuk, Master of Law (Kyiv National University of Taras Schevchenko, Ukraine), M. A. (College of Europe, Natolin) is a scientific collaborator at the University of Regensburg (Germany) and an advocate in Ukraine. [...]

Schlagworte

Private Law, Fundamental Rights, State duty to protect fundamental rights, Lüth, Objektive Schutzpflicht, protection of a weaker party, private autonomy, balancing of fundamental rights, constitutional jurisprudence, protective rights, proportionality test, social state principle, Rechtswissenschaft