How to mix legal systems in a fruitfu... - Maastricht University


Title:How to mix legal systems in a fruitful way? Some remarks on the development of a Ius Commune Europaeum through competition of legal rules
Author(s):Smits, J.M.
Abstract:The author begins by presenting his theory as such on the method by which the ius commune should come about. Then, he discusses the benefits of this method and finally some of its disadvantages. Convergence of legal systems is not a political nor a scholarly venture. It is a practical thing. If we want to have a truly unified private law in Europe and are aware of the limitations unification inherently has, auhtor thinks the best method would be to have legal rules compete. The ius commune Europaeum would emerge where it is needed the most in legal practice itself.
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