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随着欧洲各国经济、政治的不断融合,市场对其法律的统一性也提出了更高要求,而与市场交易最为紧密的合同法首当其冲。欧盟委员会已着手拟定欧盟内部统一的合同法的范本,但是仍有学者认为应保持各国合同法多样化的现状。本文从欧洲市场公平发展的需要出发,分析了学者提出欧洲合同法统一可能带来的潜在问题,以此论证欧洲合同法统一的必要性。
With the continuous integration of economy and politics in various European countries, the market has also placed higher demands on the uniformity of its laws. However, the contract law, which is most closely related to the market, has its brunt. The European Commission has embarked on the formulation of a uniform model of the law of contract within the EU, but some scholars still think that the status quo of the diversification of contract laws in various countries should be maintained. Based on the need of equitable development in European market, this paper analyzes the potential problems that scholars bring about by the unification of European contract law and analyzes the necessity of unification of European contract law.