Book contents
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- List of abbreviations
- Introduction
- 1 The civil law in European codes
- 2 ‘A token of independence’: debates on the history and development of Scots law
- 3 The Scottish civil code project
- 4 Scots law in Europe: the case of contract
- 5 Scottish property: a system of Civilian principle. But could it be codified?
- 6 ‘… Quae ad ius Cathalanicum pertinet’: the civil law of Catalonia, ius commune and the legal tradition
- 7 The codification of Catalan civil law
- 8 Unification of the European law of obligations and codification of Catalan civil law
- 9 From revocation to non-opposability: modern developments of the Paulian action
- 10 Epistle to Catalonia: romance and rentabilidad in an anglophone mixed jurisdiction
- 11 Estonia and the new civil law
- 12 The positive experience of the Civil Code of Quebec in the North American common law environment
- 13 From the code civil du bas Canada (1866) to the code civil Quebecois (1991), or from the consolidation to the reform of the law: a reflection for Catalonia
- 14 The evolution of the Greek civil law: from its Roman–Byzantine origins to its contemporary European orientation
- Index
Introduction
Published online by Cambridge University Press: 30 July 2009
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- List of abbreviations
- Introduction
- 1 The civil law in European codes
- 2 ‘A token of independence’: debates on the history and development of Scots law
- 3 The Scottish civil code project
- 4 Scots law in Europe: the case of contract
- 5 Scottish property: a system of Civilian principle. But could it be codified?
- 6 ‘… Quae ad ius Cathalanicum pertinet’: the civil law of Catalonia, ius commune and the legal tradition
- 7 The codification of Catalan civil law
- 8 Unification of the European law of obligations and codification of Catalan civil law
- 9 From revocation to non-opposability: modern developments of the Paulian action
- 10 Epistle to Catalonia: romance and rentabilidad in an anglophone mixed jurisdiction
- 11 Estonia and the new civil law
- 12 The positive experience of the Civil Code of Quebec in the North American common law environment
- 13 From the code civil du bas Canada (1866) to the code civil Quebecois (1991), or from the consolidation to the reform of the law: a reflection for Catalonia
- 14 The evolution of the Greek civil law: from its Roman–Byzantine origins to its contemporary European orientation
- Index
Summary
This book consists of revised versions of the papers presented at a conference held in the Universitat de Lleida, Catalonia, on 27–29 April 2000. Scholars from all over the world came together to discuss a seemingly diverse range of topics linked by three key concepts: (1) European private law; (2) regional private law; and (3) codification of law. The purpose of this introduction is to show how these concepts draw together, and why their interaction is important at this juncture in the development of Europe as a cultural, political and juridical entity.
European private law: the new ius commune
The idea of European private law has been central to much legal scholarship at the end of the twentieth and the beginning of the twenty-first centuries. It has been driven by at least three distinct engines: (1) the European Union; (2) the findings of comparative law; (3) the history of law in Europe, in particular the medieval and early modern concept of a European ius commune, based upon the learned Roman Civil Law and the Canon Law of the Roman Church.
In practical terms, the most important of these engines for the idea of a European private law has been the development of what is now the European Union, linking together for political, economic and social purposes an increasing number of the states of western Europe, and doing so by means, among other things, of law and legal instruments.
- Type
- Chapter
- Information
- Regional Private Laws and Codification in Europe , pp. 1 - 17Publisher: Cambridge University PressPrint publication year: 2003