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5 Constitutionalisation of Private Law: the European Convention on Human Rights Perspective

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Chapter Summary

This chapter discusses the role of the European Convention on Human Rights (ECHR) in the development termed the constitutionalisation of private law. It focuses on the question whether and if so, and to what extent, human rights influence private law and thus contribute to the constitutionalisation of this area of law. For a good understanding the chapter makes some general comments about the extension of the human rights concept. This is followed by a general discussion of the different ways in which human rights affect private law relations. More specifically, the ECHR is discussed, in which context first the status of this Convention in the national legal system is considered, with a focus on the significance of the ECHR for private law.

Keywords: constitutionalisation; European Convention on Human Rights (ECHR); national legal system; private law



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