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Spontaneous Order - Always Efficient? Comment on Patrick Simon's: "Emergence of a European Ius Commune"

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  • Kirstein, Roland

Abstract

Ius Commune describes the spontaneous development of a european contract law by adaptive behavior of contracting parties to competing law systems and their interpretations by jursidiction. The idea of spontaneous law harmonization is appealing, since its result is independent of centraized planning. However, spontaneous order might be inefficient, due to adaption costs and inefficient equilibria, as the paper demonstrates, making use of simple examples.

Suggested Citation

  • Kirstein, Roland, 1997. "Spontaneous Order - Always Efficient? Comment on Patrick Simon's: "Emergence of a European Ius Commune"," CSLE Discussion Paper Series 97-04, Saarland University, CSLE - Center for the Study of Law and Economics.
  • Handle: RePEc:zbw:csledp:9704
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    Keywords

    spontaneous order; coordination failure; law harmonization; optimum legal areas;

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • D71 - Microeconomics - - Analysis of Collective Decision-Making - - - Social Choice; Clubs; Committees; Associations
    • C72 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Noncooperative Games

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