The role of the economic efficiency paradigm in commercial law reforms: A French perspective

Renaudin, Muriel ORCID: https://orcid.org/0000-0003-4295-1958 2015. The role of the economic efficiency paradigm in commercial law reforms: A French perspective. Journal of Business Law 2015 (6) , pp. 472-483.

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Abstract

This paper argues that the economic efficiency paradigm is not an appropriate methodology to assess commercial legislation in the context of legal reform. The limits of such a methodological approach will be particularly considered through the analysis of the World Bank’s reports on Doing Business. These depict civil law jurisdictions such as France as providing poor legislative frameworks for commercial law in comparison with common law jurisdictions. While it is reasonable, even in civil law jurisdictions, to defend economic efficiency as a valuable tool in the law making process, it cannot constitute the sole purpose of commercial law reforms. Other aspects of the rule of law should be equally relevant. Particularly, in a context of internationalisation, it is argued that such methodology could jeopardise efforts towards harmonisation of law.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Cardiff Law & Politics Law
Subjects:	K Law > K Law (General)
Publisher:	Sweet and Maxwell
ISSN:	0021-9460
Date of First Compliant Deposit:	13 July 2017
Date of Acceptance:	17 July 2014
Last Modified:	19 Nov 2024 07:15
URI:	https://orca.cardiff.ac.uk/id/eprint/80828

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