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Article
A European Private Law as a Mixed Legal System
Maastricht Journal of European and Comparative Law (1998)
  • Jan M Smits, Tilburg University
Abstract
In this article, it is defended that a European Private Law should not come about through some centralist unification 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 methods proposed to reach uniformity.
Keywords
  • European Private Law,
  • Unification,
  • Comparative Law
Disciplines
Publication Date
September, 1998
Citation Information
Jan M Smits. "A European Private Law as a Mixed Legal System" Maastricht Journal of European and Comparative Law Vol. 5 Iss. 4 (1998)
Available at: http://works.bepress.com/jan_smits/2/