The Need for a European Contract Law: Empirical and Legal Perspectives

Front Cover
J. M. Smits
Europa Law Publishing, 2005 - 188 pages
The aim of this book is to discuss the need for a uniform contract law in Europe. At present it is debated to what extent uniformity of law is required from the economic perspective. The view of the European Commission seems to be that diversity of law stands in the way of a proper functioning of the internal market, but this view does not seem to be shared by business: in the reactions to the 'Communication on European Contract Law (2001), it was striking to see that most companies do not consider the present diversity to be a true barrier to trade. This book offers five different perspectives on the need for a uniform contract law. These perspectives include economics, behavioral law and economics, psychology and law.
 

Contents

The Commission Action Plan
3
CHAPTER
5
Is Voting an Option?
9
Conclusions
15
On the Term Legal Uncertainty
18
Economic Analysis of CrossBorder Legal Uncertainty
25
3
42
Introduction
55
4
85
I
95
2
104
II
108
Costs of Legal Uncertainty
111
Principles
114
The Ethical Pluralism of Late Modern Europe
121
3
131

6
63
I
65
CHAPTER 4
69
3
79
The European Union and the Role of the Legal System
83
5
138
Aim of this Contribution
155
4
161
6
177
Copyright

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About the author (2005)

Jan Smits holds a masters (LL.M.) from Tilburg University and a Ph.D. in Law from Utrecht University. He is an independent telecommunications consultant and a professor of law and technology at Eindhoven University of Technology.

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