The Need for a European Contract Law: Empirical and Legal PerspectivesThe 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. |
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Contents
The Commission Action Plan | 3 |
2 | 5 |
Examples of Competition at Work | 11 |
I | 18 |
Balancing Costs and Benefits | 19 |
Economic Analysis of CrossBorder Legal Uncertainty | 25 |
3 | 45 |
2 | 55 |
Cognitive Limitations in the Democratic Process | 96 |
55 | 107 |
The Debiasing Effect of Mediating Institutions | 108 |
Principles | 114 |
The Ethical Pluralism of Late Modern Europe | 121 |
The Ethical Uncertainty of Late Modern Society and | 131 |
71 | 140 |
Fundamental Rights? | 141 |
Limitation to Foreseeable Costs and Benefits | 61 |
Uniformity of European Contract Law An Economic | 69 |
A Brief Overview | 75 |
How Facts might Support the Logic | 83 |
3 | 84 |
Aim of this Contribution | 155 |
5 | 160 |
Authors | 178 |
Common terms and phrases
accept action adopted allows analysis applied approach argument assess assumption availability basis behavioural law changes choice civil codification cognitive error Commission Communication Comparative competition concerning consumer context costs and benefits countries courts creates cultural decisions demand determine Directive diversity effects efficient ethical European Contract Law example existing experience fact fundamental rights groups growth harmonisation harmonization heuristic important increases individual institutions interest issues judges judgment law and economics lead learning legal rules legal systems legal uncertainty legislation less limited means moral norms offer particular parties perspective political possible preferences present Press principle private law probability problems protection question rational reasoning regarded regimes regulation regulatory relevant representativeness requires result Review risk role seems social society Studies Sunstein theory tion tort trade traditional uniform Union United University Wagner
Bibliographic information
| Title | The Need for a European Contract Law: Empirical and Legal Perspectives Ius commune |
| Editor | J. M. Smits |
| Publisher | Europa Law Publishing, 2005 |
| ISBN | 9076871353, 9789076871356 |
| Length | 188 pages |
| Export Citation | BiBTeX EndNote RefMan |