Lex mercatoria e competizione fra ordinamenti

The current panorama of legal globalisation features no co-operative evolution but is marked by vigorous competition between legal orders. In particular, stark contrasts can be identified with regard to: 1. contract law, in which a rough-and-ready model of contract in the American style, focusing on the literal wording of the contract itself, clashes with a softer European model, focusing on good faith and the judge’s capacity to fill in the gaps in the written contract; 2. company law, in which a model strongly protective of the minorities, represented by strong actors in the international system, such as the American investment funds, clashes with a model that hinges on the powers of the majority, represented by the local actors who lead the companies underpinned by corporate investment collection plans; 3. property law, where a local ownership of real property conflicts with a global ownership of financial assets, inventions and patents. All of this takes place against the backdrop of competition for legal services offered to global companies by the various different national legal orders.;

Pier Giuseppe Monateri, Lex mercatoria e competizione fra ordinamenti in "SOCIOLOGIA DEL DIRITTO " 2-3/2005, pp , DOI: