TY - JOUR
T1 - A European private law as a mixed legal system
T2 - Towards a Ius Commune through the Free Movement of Legal Rules
AU - Smits, J.M.
PY - 1998/1/1
Y1 - 1998/1/1
N2 - In this article, the desirability of a European private law is assumed. What is disputed in this article is the way in which a ius commune must be achieved. It is in particular questioned if the way now commonly envisioned to arrive at a ius commune is the right one. To this end, first the current methods of integration and their inherent drawbacks must be examined. The major part of the article will be dedicated to pointing out an alternative road towards a European private law, a road much more in tune with the historical development of the ius commune which existed before the codifications, a ius commune so eagerly invoked by the present advocates of a European private law. This article was previously published in Maastricht Journal of European and Comparative Law 5 1998, p. 328-340.
AB - In this article, the desirability of a European private law is assumed. What is disputed in this article is the way in which a ius commune must be achieved. It is in particular questioned if the way now commonly envisioned to arrive at a ius commune is the right one. To this end, first the current methods of integration and their inherent drawbacks must be examined. The major part of the article will be dedicated to pointing out an alternative road towards a European private law, a road much more in tune with the historical development of the ius commune which existed before the codifications, a ius commune so eagerly invoked by the present advocates of a European private law. This article was previously published in Maastricht Journal of European and Comparative Law 5 1998, p. 328-340.
U2 - 10.1177/1023263X9800500402
DO - 10.1177/1023263X9800500402
M3 - Article
VL - 5
SP - 328
EP - 340
JO - Maastricht Journal of European and Comparative Law
JF - Maastricht Journal of European and Comparative Law
SN - 1023-263X
ER -