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on the binding force of contract and the mechanisms which allow a party to escape from contractual ties. a qualitatively superior supplier, in this context, is the Dutch Civil Code, which offers sophisticated considerations, for instance, in the field of force majeur(overmacht, Article 6: 75)and the limiting effect of the rules of reasonableness and fairness(redelijkheid en billijikheid, Article 6: 248 (2) One readily made objection to unification is that it may take a long time for a uniform rule to evolve through the free movement of legal rules. That will however not be the case the trust is a typical example of successful reception within a short period of time. But more importantly, it is a spurious argument. As argued above, the alternative would be the imposition of a uniform text which will not automatically result in uniform law, but, conversely, will have an adverse effect, because the market will be distorted those using a uniform text will be inclined not to consider possible other rules d solutions. This makes the answer to the question as to the fastest road to a successful European private law unequivocal: the choice is either for a European Code reating only a semblance of uniformity, or for no Code, but a law evolving from the free movement of legal rules that is both uniform and flexible 6. In Conclusion The view of uniform law defended in this article seems to express an unconditional faith play of societal forces, since in simplified form it says: in an internal market without trade restrictions, European law will emerge automatically. To those seizing upon this to criticize me I say that they must address the European Union, rather than this author. i only intend to offer a model for unification which is compatible with the Community objectives of economic integration, but which, I repeat, would also be compatible with other objectives. Furthermore, it is definitively possible, even requisite to stimulate the emer of legal rules. After all, part of the conditions for a free movement of legal rules have not yet been created. Legal science must, for example, proceed on the chosen path of making accessible the different olutions which in the various European countries have been adopted for one and the same problem. Drafting Principles is also important, not just for contract law, but for the law of property and the law of torts as well. The Lando Commission accompanies the publication of its Principles with information of a comparative legal nature on the countries under study. This is to be welcomed, since those applying the Principles will retain the choice between either the proposed uniform rule or a national solution. The question as to how a centralist authority can create a new ius commune by mandatorily imposing it, should therefore not be posed. a truly European private law comes into existence where there is a need for it: in legal practice Examplary is the book by Heinz Kotz and Axel Flessner, Europaisches Vertragsrecht (Tubingen, 1996) Error! bookmark not definedError! Bookmark not defined. on the binding force of contract and the mechanisms which allow a party to escape from contractual ties. A qualitatively superior supplier, in this context, is the Dutch Civil Code, which offers sophisticated considerations, for instance, in the field of force majeur (overmacht, Article 6:75) and the limiting effect of the rules of reasonableness and fairness (redelijkheid en billijkheid, Article 6:248 (2)). One readily made objection to unification is that it may take a long time for a uniform rule to evolve through the free movement of legal rules. That will however not be the case: the `trust' is a typical example of successful reception within a short period of time. But more importantly, it is a spurious argument. As argued above, the alternative would be the imposition of a uniform text which will not automatically result in uniform law, but, conversely, will have an adverse effect, because the market will be distorted: those using a uniform text will be inclined not to consider possible other rules and solutions. This makes the answer to the question as to the fastest road to a successful European private law unequivocal: the choice is either for a European Code creating only a semblance of uniformity, or for no Code, but a law evolving from the free movement of legal rules that is both uniform and flexible. 6. In Conclusion The view of uniform law defended in this article seems to express an unconditional faith in the play of societal forces, since in simplified form it says: in an internal market without trade restrictions, European law will emerge automatically. To those seizing upon this to criticize me I say that they must address the European Union, rather than this author. I only intend to offer a model for unification which is compatible with the Community objectives of economic integration, but which, I repeat, would also be compatible with other objectives. Furthermore, it is definitively possible, even requisite, to stimulate the emergence of a marketplace of legal rules. After all, part of the conditions for a free movement of legal rules have not yet been created. Legal science must, for example, proceed on the chosen path of making accessible the different solutions which in the various European countries have been adopted for one and the same problem.46 Drafting Principles is also important, not just for contract law, but for the law of property and the law of torts as well. The Lando Commission accompanies the publication of its Principles with information of a comparative legal nature on the countries under study. This is to be welcomed, since those applying the Principles will retain the choice between either the proposed uniform rule or a national solution. The question as to how a centralist authority can create a new ius commune by mandatorily imposing it, should therefore not be posed. A truly European private law comes into existence where there is a need for it: in legal practice. 46 Examplary is the book by Heinz Kötz and Axel Flessner, Europäisches Vertragsrecht, (Tübingen, 1996)
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