A European Private Law as a Mixed Legal System

Maastricht Journal of European and Comparative Law, Vol. 5, pp. 328-340, 1998

13 Pages Posted: 9 Sep 2005 Last revised: 17 Mar 2011

See all articles by Jan M. Smits

Jan M. Smits

Maastricht University Faculty of Law

Date Written: 1998

Abstract

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.

Keywords: European Private Law, Unification, Comparative Law

JEL Classification: K10

Suggested Citation

Smits, Jan M., A European Private Law as a Mixed Legal System (1998). Maastricht Journal of European and Comparative Law, Vol. 5, pp. 328-340, 1998, Available at SSRN: https://ssrn.com/abstract=795148

Jan M. Smits (Contact Author)

Maastricht University Faculty of Law ( email )

P.O. Box 616
Maastricht, NL-6200 MD
Netherlands

HOME PAGE: http://www.jansmits.eu

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