A European Private Law as a Mixed Legal SystemMaastricht Journal of European and Comparative Law (1998)
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.
- European Private Law,
- Comparative Law
Publication DateSeptember, 1998
Citation InformationJan 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/