Diversity of Contract Law and the European Internal Market
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
THE NEED FOR A EUROPEAN CONTRACT LAW: EMPIRICAL AND LEGAL PERSPECTIVES, Jan Smits, ed., pp. 153-186, Groningen, 2005
Maastricht Faculty of Law Working Paper No. 2005/9
This contribution discusses the question whether diversity of contract law among the European member states is a barrier to cross-border trade. This question is important in view of the ongoing debate about the need for a unified European private law. It has tried to answer the question by building upon insights from psychology, economics and law. It turns out that no definitive answer can be given to the question whether the savings in transaction costs through the removal of legal diversity are greater than the losses caused by the termination of competition of legal systems.
Number of Pages in PDF File: 35
Keywords: European Private Law, Unification, Interdisciplinary approach
JEL Classification: K12Accepted Paper Series
Date posted: November 2, 2005 ; Last revised: August 23, 2008
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