Tax as Hybrid Law: Borrowing and Convergences

Abstract

[This article argues that tax is a hybrid of civil and common law, public and private law, and is cross-disciplinary. It observes that tax law has become an all-purpose tool for legislators. It seeks to demonstrate how the U.S., a common law jurisdiction, has turned to civil law models for taxation while civil law jurisdictions and the European Union have sought common law models to combat tax avoidance. The ubiquity of tax and its public law influence on private law transactions, its cross disciplinary nature, and its deployment as a legislative tool to manage the economy make it a candidate for reform targeting cross-border uniformity and systemic convergence – a motion that has begun and should continue to reach full uniformity.

Keywords: Taxation, Tax Planning, Civil Law, Common Law, Public Law, Private Law, Legal Convergence, Cross-disciplinary

JEL Classification: F6, H20, H24, H26, K4