The event of European non-public regulation by the use of legislative instruments and regulatory mechanisms of the European Union generally happens on the idea of decisions serving the brief-time period requirements of political agendas. The regulation which applies to points referring to the personal capability of a Greek or foreigner to assume rights and obligations, enter into legal transactions, sue or be sued and participate in proceedings in individual is the law of the state of which the individual is a national (Articles 5 and 7 of the Civil Code and Articles sixty two(a) and sixty three(1) of the Code of Civil Procedure).
The assumption that a civil code offers with all issues of personal law and is applicable to all conflicts between private parties is based on another assumption, i.e. that it is potential (and indeed helpful) to distinguish between non-public law and public law.
First, some elements of private legislation would presumably remain national: the overall law of obligations, the legislation of particular conÂtracts (especially protective regulation), the law of contracts concluded by the State (administrative law), (real) property regulation (transfer of property), the law of individuals, the regulation of succession, the legislation of evidence, the legislation of … Read More