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The Harmonisation of National Legal Systems

Strategic Models and Factors

Antonios E. Platsas

This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
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Chapter 5: Socio-legal factor in the process of incorporating harmonised law

Strategic Models and Factors

Antonios E. Platsas

Extract

Chapter 5: the socio-legal factor in the process of incorporating harmonised norms is dealt with in this chapter. Although a system may deviate to a certain extent from the strict application of a harmonised norm in the domestic sphere, when socio-legal considerations are found to be genuinely relevant, the factor does not allow the legal system to use the factor strategically, so that it refuses or negates the effect of the harmonised norm to be incorporated, as affirmation from a supervising extra-national authority must in any case be granted in the process of applying the factor.

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