"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.
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
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.