Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a European ius commune in the field of private law. This book provides the reader with a systematic overview of this debate and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called mixed legal systems is of great importance to the development of a uniform private law for Europe. This idea is supported by insights from the economic analysis of law and illustrated by the law of South Africa in particular.
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