Globalization, unification of law and judges

• Autor(a) principal: Trias, Encarnación Roca
• Data de Publicação: 2015
• Tipo de documento: Artigo
• Idioma: spa
• Título da fonte: Revista de Direito Brasileira (Online)
• Texto Completo: https://www.indexlaw.org/index.php/rdb/article/view/2942
• topic: European private law; European judge; Unification of Law.

This article aims to discuss the role of judges for the unification of contractual law in the European Union. It starts from the assertion that the judicial governance is an institutional answer to the cultural differences part of a globalized market, as well as an answer to the market and the lacks of legislation. At the instance of European private law, it is necessary an uniform regulation, and the most adequate area is the contractual, since it is the less liable to different national regulations. Hence this essay analyzes two typically judicial mechanisms, the preliminary question before the European Court of Justice and the use of European private documents. In sum, the author concludes that only jurists can put order and provide security to the meanings of transactions among consumers and big creditors.