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A European Private Law as a Mixed Legal SystemJan M. SmitsMaastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI); University of Helsinki - Center of Excellence in Foundations of European Law and Polity 1998 Maastricht Journal of European and Comparative Law, Vol. 5, pp. 328-340, 1998 Abstract: In this article, it is defended that a European Private Law should not come about in some centralist unification process, but through competition of legal rules. In particular the role of the courts in doing so is emphasised. This alternative road towards a European private law is much more in line with the historical development of the ius commune than other proposed methods to reach uniformity.
Number of Pages in PDF File: 13 Keywords: European Private Law, Unification, Comparative Law JEL Classification: K10 Accepted Paper SeriesDate posted: September 9, 2005 ; Last revised: March 17, 2011Suggested CitationContact Information
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