On the optimal complexity of law and legal rules harmonization

• Autores: Bertrand Crettez, Bruno Deffains, Régis Deloche
• Localización: European journal of law and economics, ISSN 0929-1261, Vol. 27, Nº 2, 2009, págs. 129-142
• Idioma: inglés
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• Resumen

  • This paper analyses the determination of the complexity of legal rules in a context of harmonization between different countries. We first assume that there are no harmonization gains. We show that if the optimal complexity levels of legal rules are equal across countries, their common level will stick when legal rules are harmonized. When these levels are different, one nation-state may lose to the determination of a uniform level of complexity. However, when there are harmonization gains we show that if these harmonization gains are large enough, complex legal rules are optimal. Moreover, we show that each nation-state could gain from the determination of a uniform level of complexity, even if this level is not its preferred one.