National Resistance to the Europeanisation of Private Law - a HiiL project
National Resistance to the Europeanisation of Private Law is a project supported by the Hague Institute for the Internationalisation of Law (HiiL). The project seeks to explore the resistance that exists against European integration in the field of private law by looking at two reasons for such resistance: the behaviour of firms and consumers, and nationalist ideology. In doing so, it attempts to answer one of the most fundamental questions about unification of (private) law: What is the explanation for national resistance against unification?
TICOM's Prof Jan Smits and Gary Low are, respectively, heading and contributing to the part of the project regarding the behaviour of firms and consumers. Prof Martijn Hesselink and Guido Comparato of the University of Amsterdam are concerned with the role of nationalist ideology.
Returning to TICOM's contribution, Jan and Gary are focussing in particular on the relationship between laws and the behaviour of contracting parties (whether consumers or businesses). One of the key issues is whether (and if so, how and to what extent) differences in laws affects the decisions of actors in contracts. Much of the context draws inspiration from the current debate on the harmonisation of European contract law. The research is interdisciplinary in approach. It surveys and adds to existing legal literature, but also builds on insights from legal sociology, the law & economics movement, and behavioural law & economics. There may also be wider implications for the drafting of optimal default rules or optional codes and standard form contracts.
Project-related Publications
- "How and why we are (not) bothered by the costs of legal diversity - a behavioural approach to the harmonisation of European contract law", Gary Low.
- "'Full Harmonization of Consumer Law? A Critique of the Draft Directive on Consumer Rights" , Jan M. Smits