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

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Jan Smits
Europa Law Publishing, 2005 - Law - 188 pages
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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.
 

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Contents

The Commission Action Plan
3
Examples of Competition at Work
11
Balancing Costs and Benefits
19
Economic Analysis of CrossBorder Legal Uncertainly
25
Introduction
55
Limitation to Foreseeable Costs and Benefits
61
Uniformity of European Contract Law An Economic
69
How Facts might Support the Logic
83
Conclusion
116
Introduction
123
The Ethical Uncertainty of Late Modern Society and
131
Fundamental Rights?
141
Aim of this Contribution
155
Diversity of National Legal Systems
165
Concluding Remarks
178
Authors
188

Cognitive Limitations in the Democratic Process
96
The Debiasing Effect of Mediating Institutions
108

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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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