Re- De- Co-dification?
New Insights on the Codification of Private Law
- 259 pages
- English
- PDF
- Available on iOS & Android
About this book
Is it time for jurisdictions to undertake recodification, decodification, or even codification of their private laws? This volume addresses this recurring question in legal science by presenting recent developments and new perspectives on the codification of private law from a comparative law viewpoint. Contributions in this volume explore how jurisdictions from America, Asia and Europe currently stand regarding codification and help generate awareness on different paths, yet also of common grounds. Codification exceeds jurisdictional borders, and therefore the experiences presented in this volume should be seen as part of a global phenomenon. Jurisdictions do not evolve in isolation, since the circulation of ideas – often present in transplantation or normative transfers – is able to shape codification. This volume should help assess the virtues and weaknesses of codification, thus offering insights into the status of a paradigm that stretches across the globe.
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Table of contents
- Table of Contents
- Preface
- The Role of Travaux Préparatoires in the Interpretation and Application of Civil Codes: A Dutch and German Perspective
- The French Law of Obligations: A Brief Story of the 2016 Reform
- Reforming Contract Law: From Myth to Reality!
- The recodification of the Belgian Private Law: From a Family Model to an Orphaned Cinderella
- Codification: A Perspective from a Scottish Law Commissioner
- Using Metaphors to Explain the Construction of Societal Buildings: A Look into the Codification of Civil Law in Latin America
- The Argentine Civil and Commercial Code of 2015
- The Louisiana Civil Codes: A Multilingual Experience
- Restarting a Government of Laws in the United States of America
- The Japanese Civil Code: Its First 120 Years