200 years ago many civil law jurisdictions adhered to exclusive national codifications of private law, and abandoned the old Ius Commune. Other jurisdictions in the civilian tradition did not engage in codifying private law, and continued along lines of authoritative opinions, case law and fragmented legislation. In our contemporary days the shades of national law slowly melt away, and we imagine a future where new common laws will continue to take shape. This book deals with this mirror image and explores the law in its everlasting tension between tradition and change. Historic and comparative analyses from European, Latin-American and South-African jurisdictions provide us with perspectives on the role of substance, methodology, institutions as well as individuals in developments of law towards the future.
Tradition, Codification and Unification – an Introduction (p. 1)
Two Paradoxes on Codification (p. 13)
The Study of Roman Law in the Netherlands in the Early 19th Century (p. 17)
The Civil–Law Tradition in Constitutional Perspective (p. 29)
Constitutive Rhetoric: the Case of the “European Civil Code” (p. 45)
Is Germany’s Past Europe’s future? Unification and Codification of Private Law in 19th Century Germany and Today’s Europe (p. 71)
An Older Convergence: the Scots Law of Delict (p. 101)
Scots Law and the UK Codification of Bills of Exchange (p. 121)
The First Codification in the Netherlands: Legal Development Through Channels of Tradition and Change (p. 145)
Convergence and Unification of 19th Century European Commercial Sales Law – why the CESL might just be an Intermezzo in the Game of Unifying European Commercial Sales Law (p. 159)
Contractual Equivalence and Compensation in Case of the Delivery of non-Conforming goods in Harmonised German Sales and European Consumer Law (p. 175)
Civil Law Codification in Latin America: Understanding First and Second Generation Codes (p. 183)
Harmonisation of Contract Law in Latin America: Efforts and failures (p. 195)
Re–Codification Attemps of French Tort Law: Traditional and Comparative Arguments in the Terré Tort Draft (p. 209)
Tradition, Codification and Unification of Intellectual Property Law (p. 233)
Of the Vocation of our Age Against Codification: on Civil Codes in the Information Society (p. 245)
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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.
Guidelines for the submission of a manuscript or proposal can be found here.
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).