Tradition, codification and unification

comparative-historical essays on developments in civil law

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Tradition, codification and unification
J. H. A. Lokin, J. M. Milo, J. ...
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Last edited by MARC Bot
December 7, 2022 | History

Tradition, codification and unification

comparative-historical essays on developments in civil law

  • 0 Ratings
  • 0 Want to read
  • 0 Currently reading
  • 0 Have read

"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"--Provided by publisher.

Publish Date
Publisher
Intersentia Ltd.
Language
English
Pages
255

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Table of Contents

Tradition, codification and unification : an introduction -- J.M. Milo, J.H.A. Lokin and J.M.Smits
Two paradoxes on codification / J.H.A. Lokin --
The study of Roman law in the Netherlands in the early 19th century -- C.J.H. Jansen
The civil-law tradition in constitutional perspective -- A.J. van der Walt
Constitutive rhetoric : the case of the "European civil code" -- P. van den Berg
Is Germany's past Europe's future? : Unification and codification of private law in 19th century Germany and today's Europe -- Dirk Heirbaut
An older convergence : the Scots law of delict -- Elspeth Reid
Scots law and the UK codification of bills of exchange -- Ross Gilbert Anderson
The first codification in the Netherlands : legal development through channels of tradition and change -- J.M. Milo
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 -- Janwillem Oosterhuis
Contractual equivalence and compensation in case of the delivery of non-conforming goods in harmonised German sales and European consumer law -- Bernhard Kresse
Civil law codification in Latin America : understanding first and second generation codes -- Agustin Parise
Harmonisation of contract law in Latin America : efforts and failures -- Rodrigo Momberg
Re-codification attemps of French tort law : traditional and comparative arguments in the terré tort draft -- C.B.P. Mahé
Tradition, codification and unification of intellectual property law -- F. Willem Grosheide
Of the vocation of our age against codification : on civil codes in the information society -- Jan Smits.

Edition Notes

Includes bibliographical references.

Published in
Cambridge, United Kingdom
Series
Ius commune europaeum -- 128, Ius commune europaeum -- 128.
Copyright Date
2014

Classifications

Dewey Decimal Class
348.004
Library of Congress
K286 .T73 2014, K286

The Physical Object

Pagination
viii, 255 pages
Number of pages
255

ID Numbers

Open Library
OL31208951M
ISBN 10
1780682239
ISBN 13
9781780682235
LCCN
2014427365
OCLC/WorldCat
878861409

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Download catalog record: RDF / JSON / OPDS | Wikipedia citation
December 7, 2022 Edited by MARC Bot import existing book
May 25, 2022 Edited by ImportBot import existing book
November 14, 2020 Created by MARC Bot Imported from Library of Congress MARC record