Maastricht Journal of European and Comparative Law, Vol. 5, pp. 328-340, 1998
13 Pages Posted: 9 Sep 2005 Last revised: 17 Mar 2011
Date Written: 1998
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: 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