For a global legal balance
Should we dispense with the European Common Law?
A A A
Author :

Study published in 2010 by the "Revue internationale de droit comparé", written by M. Mauro Bussani, Professor at the University of Trieste (Italy) and member of the Scientific Council of the Foundation.

"In scholarly arenas, the European codification processes is in full swing.
In this article, I try to understand the reasons for which many of the efforts thus far carried on in the European codification-driven academic circles have been pursuing a compromise, in both theoretical approach and proposed rules, with the English common law tradition and experience.
The analysis of these reasons makes me suggest that, lacking in the near future a truly common pan-European legal culture, any project of codification aiming to be successful in practice should shift the direction of the compromise (as necessary as it is for any supranational agreement) from the common law side of the Channel towards the pursuit of a balance within the continent, taking as a starting point civilian concepts, notions, and rules..."

See the study      (in french)