This course studies the growth of European Law, and reflects on the desirability and feasibility of future European harmonization. Recent economic and comparative law scholarship on this topic is discussed. To avoid an overly general and theoretical discussion, we go deeper into one area that was the object of a recent harmonization debate: contract law in Europe. We will compare English/American contract law with the law of contract of France, Germany, the Netherlands and some other European countries. Is there still such a thing as a national legal culture? Is there a tendency towards convergence? Special attention will be paid to the Principles of European Contract Law (Lando e.a., 2000), a 'restatement' of the emerging European contract law. Should this restatement become a real European contract law code?

Faculty:

Gerrit DE GEEST  September 23-26, 2010