A European Private Law as a Mixed Legal System
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI); University of Helsinki - Center of Excellence in Foundations of European Law and Polity
Maastricht Journal of European and Comparative Law, Vol. 5, pp. 328-340, 1998
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: K10Accepted Paper Series
Date posted: September 9, 2005 ; Last revised: March 17, 2011
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