Case Law and Comparative Law: Any Wider Lessons?
In: European Review of Private Law, Band 11, Heft 6/6, S. 717-734
ISSN: 0928-9801
Abstract: In this contribution to the 10th anniversary of the ERPL (Ghent 2003), the author develops a vision of how comparative law can work through cases. He gives examples of the way English Courts have resorted to foreign case law throughout the last decade, as is for instance illustrated by the Fairchild case. In his view, the use of foreign case law must be focused not diffuse and thus, have a practical aim. In addition, foreign law needs to be packaged in the proper way in order to make it both interesting and useful. He refutes the objection that this method may work for the common law, but not for continental systems. Finally, he illustrates the impact of foreign law on law reform projects with the example of Germany.