The law and economics movement seems to be in the process of establishing an ' intellectual Imperialism, ar ation by law and economics (44)of a number of legal disciplines. Comparative law has become the special prey for this colonist. However, as long as comparative law maintains its distinctiveness and this relationship can move beyond ' colonisation into one of co-partners, then comparative law can only gain in popularity and be seen as indispensable for understanding the role of law in economics and of economics in lay The comparative law and economics approach aims at building a model for an efficient legal institution and then comparing it with the actual world alternatives offered by different legal systems. It becomes important here to be able to offer explanations for the reasons and the mode of the departure (45) 1. 2. 5 Critical comparative law: A different name or a new approach? I suggest that under the title Critical Comparative Law the comparative lawyer understands comparative law to be a subject in its own right, as the only reliable way of accumulating knowledge of the reality of law and then assesses the problems that may arise out of the proposed marriages discussed above, giving warning signals where need be. So with the knowledge gained the task is to analyse fully the underlying phenomena that the three last trends are addressing, the ansfrontier mobility of ideas and institutions and reciprocal influences. Most of the current concerns of comparatists on convergence versus divergence, mismatch in borrowings, problems for the importer and the exporter of legal ideas and institutions can be constructively approached under the name Critical Comparative Law. This title can also be regarded as the antithesis to the term traditional comparative law (46)or conventional comparative law. (47)However, this choice of terminology is in no way to be construed to mean that Critical Comparative Law is a branch of the Critical Legal Studies movement Today, comparative law in Europe is first and foremost used within the European Union and is involved in giving rise to inter-European consequences. The first task it is put to in Europe is in the 'new ius commune studies where it is asked to facilitate integration and make a case for the success of legal transplants as the basis for convergence, whether supported or not by the law and economics school,. Its second task is to find ways of reconciling civil law and common law. The third and related task given to comparative legal studies concerns the creation of European Codes A fourth and more general task is to act as a tool for construction in the courts, national and European In its relations with the extra-European scene Europe is interested in the function of comparative law in the export of legal ideas and institutions and aiding law reform by providing a convincing display of competing models to form a pool of models presented by Western European legal systems When looking at comparative law solely in the common law world, we see the same four trend mentioned above. The tasks comparative law is put to also resemble the ones we considered above However, five further points must be mentioned here. One is the competition of the US withThe law and economics movement seems to be in the process of establishing an 'intellectual imperialism', and we see a 'colonisation by law and economics'(44) of a number of legal disciplines. Comparative law has become the special prey for this colonist. However, as long as comparative law maintains its distinctiveness and this relationship can move beyond 'colonisation' into one of co-partners, then comparative law can only gain in popularity and be seen as indispensable for understanding the role of law in economics and of economics in law. The comparative law and economics approach aims at building a model for an efficient legal institution and then comparing it with the actual world alternatives offered by different legal systems. It becomes important here to be able to offer explanations for the reasons and the mode of the departure.(45) 1.2.5 Critical comparative law: A different name or a new approach? I suggest that under the title 'Critical Comparative Law' the comparative lawyer understands comparative law to be a subject in its own right, as the only reliable way of accumulating knowledge of the reality of law and then assesses the problems that may arise out of the proposed marriages discussed above, giving warning signals where need be. So with the knowledge gained, the task is to analyse fully the underlying phenomena that the three last trends are addressing, the transfrontier mobility of ideas and institutions and reciprocal influences. Most of the current concerns of comparatists on convergence versus divergence, mismatch in borrowings, problems for the importer and the exporter of legal ideas and institutions can be constructively approached under the name 'Critical Comparative Law'. This title can also be regarded as the antithesis to the term 'traditional comparative law'(46) or 'conventional comparative law'.(47) However, this choice of terminology is in no way to be construed to mean that 'Critical Comparative Law' is a branch of the Critical Legal Studies movement. Today, comparative law in Europe is first and foremost used within the European Union and is involved in giving rise to inter-European consequences. The first task it is put to in Europe is in the 'new ius commune' studies where it is asked to facilitate integration and make a case for the success of legal transplants as the basis for convergence, whether supported or not by the 'law and economics school'. Its second task is to find ways of reconciling civil law and common law. The third and related task given to comparative legal studies concerns the creation of European Codes. A fourth and more general task is to act as a tool for construction in the courts, national and European. In its relations with the extra-European scene Europe is interested in the function of comparative law in the export of legal ideas and institutions and aiding law reform by providing a convincing display of competing models to form a pool of models presented by Western European legal systems. When looking at comparative law solely in the common law world, we see the same four trends mentioned above. The tasks comparative law is put to also resemble the ones we considered above. However, five further points must be mentioned here. One is the competition of the US with