HARMONIZATION OF THE CONTRACT LAW AND THE RIGHT TO DIFFERENCE

Abstract

This study examines contemporary processes of harmonization and unification of law and the relationship between these processes and the natural right to difference which all individuals have. The author tries to find the source of natural individual's right to difference and to find the philosophical foundation of this right as well. Philosophers Immanuel Kant, Arthur Schopenhauer and Georg Wilhelm Friedrich Hegel wrote about the Reason, the Freedom and the natural right to difference. From the fact that the man is reasonable being it follows necessarily the right to difference, uniqueness and individuality of all individuals. The fact is, the Reason and the Freedom are the birthplace of the natural right to difference. The author puts into the limelight the question of whether this right - the right to difference belongs also to the nations and whether this right stems from the right to a proper national legislation. From the analysis it follows the conclusion that right to difference belongs both to individuals and nations, but nations are entitled, whether spontaneous or organized, to harmonize their national legislation with the right of others nations or international communities.