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12 Tilburg Foreign L. Rev. 1 (2004-2005)

handle is hein.journals/tiflr12 and id is 1 raw text is: TILBURG FOREIGN LAW REVIEW VOL.12 CONTENTS NO.1 COMPANY LAW REGULATORY COMPETITION AND THE CHALLENGES FOR PARTNERSHIP LAW REFORM This article will examine the theoretical arguments for and against the importance of new partnership-type business forms. Section 1 briefly reviews the history of partnership law and reform within Europe. The review of traditional partnership law reveals that the absence of new business forms may be due to status quo bias and network effects. Section 2 turns to the importance of partnership law reform and the introduction of new business forms to a robust economy. Section 3 evaluates whether we can project a pattern of regulatory competition in the business organization law context that could prompt lawmakers to innovate by introducing new partnership-type business forms. ERIK P.M. VERMEULEN 7 CONTRACT LAW CROSS BORDER CONTRACTING IN THE EU - INTEROPERABILITY PROBLEMS AND THE IMPACT OF A COMMUNITY WIDE OPTIONAL INSTRUMENT This article examines the European Commission's most recent Action Plan for a More Coherent European Contract Law and, in particular, the potential practical utility of a future Community wide optional instrument on contract law for further facilitating cross border commerce. The impact of sector-specific Community law interventionism to date and the assumed need for enhanced coherence is discussed. Thereafter an assessment is made of the economics of harmonisation and the merits of continued inter-