Europeanisation of private law : leading to a jus commune.

Abstract

According to a classical legal argument the unification of law run by common principles or by an all-inclusive European code would result in a healthier legal system when compared to the present sector-specific fragmented approach created by directives and as well due to the co-existence of different national private laws. It is argued that disparities in legal rules both due to the inefficiency of present EU legislation and even due to the co-existence of the various national legal systems can result in a source of legal uncertainty that undermine competition and could be a set back for cross border trade. Therefore the creation of a common law of Europe is prospected as being essential to re-stabilize cohesion and solidity both economically and legally to a European legal system by getting away with the present legislation which is fragmentary and sector specific within the union. The thesis will discuss the various legal instruments and analyse certain policy initiatives undertaken within the EU institutions, together with private academic initiatives that, in parallel, are working for a greater degree of harmonisation and for a common European private law. It will be discussed whether the present harmonisation process between the different legislations could one day result in a complete unification with the realization of a single legislative body, in other words a common code.