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Re- De- Co-dification? New Insights on the Codification of Private Law

Re- De- Co-dification? New Insights on the Codification of Private Law

Author: Agustin Parise; Lars van Vliet
Publisher: Eleven International Publishing
ISBN: 9789462369009
Published In: February 2019
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Preface

The Role of Travaux Preparatoires in the Interpretation and Application of Civil Codes: A Dutch and German Perspective (Lars van Vliet and Michael Milo)

The French Law of Obligations: A Brief Story of the 2016 Reform (Matthias Martin)

Reforming Contract Law: From Myth to Reality! (Mustapha Mekki)

The recodification of the Belgian Private Law: From a Family Model to an Orphaned Cinderella (Vincent Sagaert)

Codification: A Perspective from a Scottish Law Commissioner (Andrew J.M. Steven)

Using Metaphors to Explain the Construction of Societal Buildings: A Look into the Codification of Civil Law in Latin America (Agustin Parise)

The Argentine Civil and Commercial Code of 2015 (Julio Cesar Rivera)

The Louisiana Civil Codes: A Multilingual Experience (Olivier Moreteau)

Restarting a Government of Laws in the United States of America (James R. Maxeiner)

The Japanese Civil Code: Its First 120 Years (Andrea Ortolani)