An Optional European Contract Law Code: Advantages and Disadvantages
Should the EU introduce an Optional European Contract Law Code and what should it look like? By applying economic theories of federalism and regulatory competition (legal federalism), it is shown why an Optional Code would be a very suitable legal instrument within a two-level European System of Contract Laws. By allowing private parties choice of law to a certain extent, it can combine the most important advantages of centralisation and decentralisation of competences for legal rules. Through differentiated analyses of three kinds of contract law rules (mandatory substantive rules, mandatory information rules and facilitative law), important conclusions can be reached: which kinds of contract law rules are most suitable to be applied on an optional basis (e.g. facilitative law) and which might be less so (e.g. information regulations). Furthermore a number of additional general conclusions about the design and scope of an Optional EU Code and some conclusions in regard to sales law are derived.
|Date of creation:||2006|
|Date of revision:|
|Publication status:||Forthcoming 2006 in: European Journal of Law and Economics|
|Contact details of provider:|| Postal: Universitätsstraße 25, 35037 Marburg|
Web page: http://www.uni-marburg.de/fb02/
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- Kollman, Ken & Miller, John H & Page, Scott E, 2000. "Decentralization and the Search for Policy Solutions," Journal of Law, Economics and Organization, Oxford University Press, vol. 16(1), pages 102-28, April.
- Van den Bergh, Roger, 2000. "Towards an Institutional Legal Framework for Regulatory Competition in Europe," Kyklos, Wiley Blackwell, vol. 53(4), pages 435-66.
- Sinn, Hans-Werner, 2004.
"The new systems competition,"
Munich Reprints in Economics
19608, University of Munich, Department of Economics.
- Jeanne-Mey Sun & Jacques Pelkmans, 1995. "Regulatory Competition in the Single Market," Journal of Common Market Studies, Wiley Blackwell, vol. 33(1), pages 67-89, 03.
- Romano, Roberta, 1985. "Law as a Product: Some Pieces of the Incorporation Puzzle," Journal of Law, Economics and Organization, Oxford University Press, vol. 1(2), pages 225-83, Fall.
- Francisco Garcimartín Alférez, 1999. "Regulatory Competition: A Private International Law Approach," European Journal of Law and Economics, Springer, vol. 8(3), pages 251-270, November.
- Faure, Michael G, 2000. "Product Liability and Product Safety in Europe: Harmonization or Differentiation?," Kyklos, Wiley Blackwell, vol. 53(4), pages 467-508.
- Sinn, Hans-Werner, 1997.
"The selection principle and market failure in systems competition,"
Munich Reprints in Economics
19854, University of Munich, Department of Economics.
- Sinn, Hans-Werner, 1997. "The selection principle and market failure in systems competition," Journal of Public Economics, Elsevier, vol. 66(2), pages 247-274, November.
- Siebert, Horst & Koop, Michael J., 1990.
"Institutional competition: a concept for Europe?,"
Kiel Working Papers
440, Kiel Institute for the World Economy.
- Klaus Heine & Wolfgang Kerber, 2002. "European Corporate Laws, Regulatory Competition and Path Dependence," European Journal of Law and Economics, Springer, vol. 13(1), pages 47-71, January.
- Jean-Michel Josselin & Alain Marciano, 2002. "The economics of harmonizing European law," Post-Print halshs-00076658, HAL.
- Wallace E. Oates, 1999. "An Essay on Fiscal Federalism," Journal of Economic Literature, American Economic Association, vol. 37(3), pages 1120-1149, September.
- Breton,Albert, 1996. "Competitive Governments," Cambridge Books, Cambridge University Press, number 9780521481021, December.
- Viktor Vanberg & Wolfgang Kerber, 1994. "Institutional competition among jurisdictions: An evolutionary approach," Constitutional Political Economy, Springer, vol. 5(2), pages 193-219, March.
- Wolfgang Kerber, . "An International Multi-Level System of Competition Laws: Federalism in Antitrust," German Working Papers in Law and Economics 2003-1-1065, Berkeley Electronic Press.
- Lucian Arye Bebchuk & Allen Ferrell, 2000. "Federalism and Takeover Law: The Race to Protect Managers from Takeovers," NBER Working Papers 7232, National Bureau of Economic Research, Inc.
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