Vereinheitlichung des Vertragsrechts in Europa - eine Lösung auf der Suche nach dem Problem? Die Sicht der Neuen Institutionenökonomik
AbstractIt is the purpose of the paper to shed light on the question to what extent there is a need for a unified contract law in the European Union. The paper outlines a concept of constitutional uncertainty in international trade and presents a model of international transactions in the presence of a diversity of legal orders and the territoriality of law. The model is used to identify the problems emerging in contracts and the contracting process due to factors such as the multitude of legal orders and the territoriality of law. Next, the economic arguments in favour of and against harmonisation are discussed. In weighing up the costs that full harmonisation generates against the costs of constitutional uncertainty the paper considers the arguments in favour of the diversity of law to be stronger from an efficiency point of view. The paper makes a plea for freedom of choice of contract law and a free movement of judgements in the European Union. Both conditions are necessary and sufficient for a proper functioning of the internal market – but, as a matter of fact, both conditions are already met. --
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Bibliographic InfoPaper provided by Saarland University, CSLE - Center for the Study of Law and Economics in its series CSLE Discussion Paper Series with number 2007-01.
Date of creation: 2007
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constitutional uncertainty; territoriality of law; harmonisation of law; conflict of law; international private law; transaction costs;
Find related papers by JEL classification:
- K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
- F15 - International Economics - - Trade - - - Economic Integration
- F02 - International Economics - - General - - - International Economic Order; Noneconomic International Organizations;; Economic Integration and Globalization: General
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Kirstein, Roland & Schmidtchen, Dieter, 1997.
"Judicial detection skill and contractual compliance,"
International Review of Law and Economics,
Elsevier, vol. 17(4), pages 509-520, December.
- Kirstein, Roland & Schmidtchen, Dieter, 1997. "Judicial Detection Skill and Contractual Compliance," CSLE Discussion Paper Series 97-07, Saarland University, CSLE - Center for the Study of Law and Economics.
- Schnitzer, Monika, 2002.
"Debt v. Foreign Direct Investment: The Impact of Sovereign Risk on the Structure of International Capital Flows,"
London School of Economics and Political Science, vol. 69(273), pages 41-67, February.
- Schnitzer, Monika, 1997. "Debt vs. Foreign Direct Investment: The Impact of Sovereign Risk on the Structure of International Capital Flows," CEPR Discussion Papers 1608, C.E.P.R. Discussion Papers.
- Kronman, Anthony T, 1985. "Contract Law and the State of Nature," Journal of Law, Economics and Organization, Oxford University Press, vol. 1(1), pages 5-32, Spring.
- Kirstein, Roland & Schmidtchen, Dieter, 2000. "Do Artists Benefit from Resale Royalties? An Economic Analysis of a New EU Directive," CSLE Discussion Paper Series 2000-07, Saarland University, CSLE - Center for the Study of Law and Economics.
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