The Challenge for the Harmonization of Law

摘要

Under globalization and the rapid development of international trade and economic relationships, it is necessary to find common rules in private law. Nonetheless, an aspect that must be taken into account is that law is a mirror of a respective society and therefore it should also be considered that juridical fragmentation reflects these differences among societies. Hence, a 'glocalized' approach seems to be more suitable and, for it to be put it into practice, the efforts should be devoted to seeking legal harmonization instead of unification. The former, beside all the other things, is to be preferred in terms of feasibility. Harmonization does not equally show the same degree of difficulty in all the fields: it seems to be easier (and more urgent) to be achieved in obligations-contracts and commercial law than in family law or in property and real rights law. Considering this, our research, contains an overview on the advantages of legal harmonization and a brief survey on methods that have been employed and that are being employed now to reach this goal. Even at this preliminary stage, we have noticed that we should pay attention to a theoretical principles-based logic-systematic method and to the role played by jurists of reaching this goal.