A European Private Law as a Mixed Legal System

  title={A European Private Law as a Mixed Legal System},
  author={Jan M. Smits},
  journal={Maastricht Journal of European and Comparative Law},
  pages={328 - 340}
  • J. Smits
  • Published 1 December 1998
  • Law, History
  • Maastricht Journal of European and Comparative Law
In this article, it is defended that a European Private Law should not come about in some centralist unification process, 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 proposed methods to reach uniformity. 
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