Abstract
The essay is based upon the contribution of Christian Joerges to the previous edition (‘On the Legitimacy of Europeanising Private Law: Considerations on a Law of Justi(ce)-fication (justum facere) for the EU Multi-level System’, 159-190, and the condensed version of this essay (‘Europeanisation as Process: Thoughts on the Europeanisation of Private Law’, European Public Law 11 (2005): 62-82). It is at the same time a product of the intense cooperation of the two authors over more than a decade. Co-operation is not a merger of academic identities. We share many premises and differ nevertheless programmatically in our views on a number of issues. We refrain from discussing these differences here and simply underline that the conflict of laws approach we submit here is compatible with assigning functions of smooth an gradual convergence to a European code prepared by an adequate transnational forum such as a European Law Institute as advocated inter alia by Ch. Schmid, ‘Legitimacy Conditions of a European Civil Code’, Maastricht Journal of European and Comparative Law 8 (2001): 277; recently further developed in idem, ‘A European Civil Code as a Building Block of a Common Identity?, review essay on: H. Collins, The European Civil Code’, European Review of Contract Law 2010 (forthcoming) and idem, Die Instrumentalisierung des Privatrechts durch die EU, epilogue, 2010 (Baden-Baden: Nomos, forthcoming).
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
