By Webster D. L.
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Extra resources for A Possible Explanation of Tertiary Line Spectra in X-Rays
In order to answer the ﬁrst question, Goode uses the same starting point as several institutions and study groups. He believes that the starting point for the construction of harmonized contract law (or even codiﬁed law) at a European level is incorrect. In other words, he believes that whoever supports the view that differences, currently in existence between national systems of contract and business law, damage trade, have not yet listed the reasons for these disadvantages and, furthermore, there is no evidence that business operators have ever complained about them.
As I have mentioned before, there are directives in the banking, ﬁnancial and insurance sectors and in the sectors of transport and public tenders that have partially harmonized current regulations in national legal systems. These are regulations regarding conduct and procedures, but also substantive law. Even the area of competition has uniform regulations regarding contracts. Here the EU has not used the ﬂexible source of the directive, but the more rigid one of regulation. Even directives on payments and e-commerce contain regulations that inﬂuence the law of contract.
Weatherill, The European Community’s Competence to Pursue the Harmonisation of Contract Law – an Empirical Contribution to the Debate, Groningen/Amsterdam 2005, p. 105. cit. p. 117. 26 The Yearbook of Consumer Law The question has arisen amongst Italian scholars of competence, not only under the proﬁle of textual legitimacy (derived from the EEC Treaty), but of legitimacy of a political nature, regarding the introduction at a European level of a ‘code of contract law’. The assumption of the critique is based on the fact that the expression ‘code’ and the idea of a ‘code’, at least in continental European culture, implies a constitutive process, a basis of consensus and a pre-eminent role in the sources of law and the pillars of the legal system, which cannot be entrusted to a Community body (that is technically incapable of drawing it up) nor delegated to external research centres or to simple checks conducted on exponents of stakeholders.