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Chapter Summary

This front matter section of the book Constitutionalisation of Private Law contains the table of contents and introduction of the book. Constitutionalisation of private law is of importance from an academic point of view. The influence of fundamental rights in private law depends, partly at least, on the constitutional framework created by the legislator. When creating the Netherland's constitution (Grondwet) in 1983, the legislator took a rather reluctant position towards the horizontal effect of fundamental rights. Therefore, from a (national) constitutional point of view, the freedom of the judiciary to allow a horizontal effect to constitutional rights is substantially limited. On the other hand, the reluctance towards the influence of the national constitution on private law, has served as a strong incentive to invoke in private law issues the fundamental rights laid down in the European Convention on Human Rights.

Keywords: Constitutionalisation; European Convention on Human Rights; Netherland; private law

10.1163/ej.9789004148529.i-136.2
/content/books/10.1163/ej.9789004148529.i-136.2
dcterms_subject,pub_keyword
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