Private Law Theory

Abstract:
It is possible to distinguish three key historical motives underlying the formation of national civil codes: economic motives, reasons of state interest, and the interests of citizens. The question arises as to whether these motives can teach us something about the possibility of the successful implementation of a European Civil Code. The modern civil codes share a common legal tradition and, to some extent, a homogeneous legal culture, based on the reception of Roman legal rules and principles. A further question thus arises: Is it possible to derive inspiration from the ‘old’ ius commune for the formation of a European Civil Code?

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Corjo JH Jansen, ‘A European Civil Code and National Private Law: Lessons from History’. European Review of Private Law Volume 24 (2016).

First posted 2016-06-15 06:19:36