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Codification of Private International Law: Efforts in the Netherlands, Book 10 Civil Code†††

Published online by Cambridge University Press:  28 February 2019

Antoon (Teun)  and
V. M. Struycken
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Extract

Law does not have its intended effect if people do not know the law. Law should be known by the people who derive rights and obligations from it. Chaotic law, though known by the people, does not have its intended effect either. To be respected, law should at least be logical and consistent, and not prompt chicaneries. Law is what courts say the law is. Courts have to decide case by case. Their judgments express what the law is in the case submitted. The people involved and other interested people will know what the court has decided.

Type
Articles
Information
International Journal of Legal Information , Volume 39 , Issue 3 , Winter 2011 , pp. 287 - 294
Copyright
Copyright © 2011 by the International Association of Law Libraries. 

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References

1 Friedrich Carl von Savigny, Vom Beruf unserer Zeit für Gesetzgebung und Rechtswissenschaft, 1814.Google Scholar

2 E.g. Germany (1986), Italy (1995) and Japan (2007).Google Scholar

3 Report on the Rome Convention 1980 by Mario Giuliano and Paul Lagarde. OJEC 1980 C 282/1, introduction 1 and 2.Google Scholar

4 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), OJEU 2008 L 177/6.Google Scholar

5 Algemene bepalingen van internationaal privaatrecht, Rapport aan de Minister van Justitie, 2003, to be quoted as ‘Staatscommissie IPR: Algemene Bepalingen', published by the Ministry.Google Scholar

6 Parliamentary Document ('Kamerstuk') 32 137.Google Scholar