Who's Afraid of Comparative Law? The (Side) Effects of Unification of Private International Law in Europe
European Review of Private Law 25 (2017) 485
40 Pages Posted: 30 Aug 2017
Date Written: February 7, 2017
Private international law and comparative have a particularly intimate relationship. This is because comparative law is both a method of studying choice of law rules as well as an essential instrument for their interpretation and application. However, the recent large-scale unification of European private international law has jammed a wedge between the former “allies”. In fact, when analysing current court practice and academic discourse relating to European private international law one cannot help but notice a striking lack of interest in comparative analyses. The following article sheds light on this development and argues that courts and scholars should resort to comparative analyses more often and more consistently in order to avoid the pitfalls of unification. At the same time the article provides insights into the (side) effects of the large-scale unification of an entire legal field.
Keywords: European private law, European Civil Code, European private international law, comparative law, CJEU, unification, characterization
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