New Trends in Comparative Law: Cross-Fertilisation
New Trends in Comparative Law: Cross-Fertilisation

Author(s): Andra Iftimiei
Subject(s): Sociology of Law, Court case, Comparative Law
Published by: ADJURIS – International Academic Publisher
Keywords: cross-fertilization; comparative law; method;
Summary/Abstract: Comparative law has earned the right to be considered an autonomous science, on the one hand, and a working tool in dialogue with other legal systems, on the other. In the present study we aim to analyse the legal nature of the new cross-fertilisation trend, to identify the forms in which it takes shape, and to identify how the concept under analysis operates in the national legal order. Our working hypothesis is as follows: crossfertilization is a phenomenon specific to comparative law which has its effects also in the case law of national supreme courts. The methods used are case study, literature review and the application of the theory of functionalism through comparative, presumptive and evaluative functions.

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