On Successful Legal Transplants in a Future Ius Commune Europaeum
COMPARATIVE LAW IN THE 21ST CENTURY, Andrew Harding & Esin Örücü, eds., Kluwer Academic Publishers, 2002
18 Pages Posted: 9 Mar 2008
This paper investigates to what extent legal transplants can contribute to the emergence of a harmonised private law for the European Union. Its focus is not on the way in which or why legal transplants take place, but on what they lead to. The paper discusses several views on why legal transplants are important and puts forward one particular view of legal harmonisation in which the borrowing of law is of main importance.
Keywords: Legal transplants, ius commune, harmonisation
JEL Classification: K00
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