Regional Private Laws and Codification in Europe

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Hector L. MacQueen, Antoni Vaquer, Santiago Espiau Espiau
Cambridge University Press, Oct 16, 2003 - Law
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Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
 

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Contents

Introduction
1
1 The civil law in European codes
18
debates on the history and development of Scots law
60
3 The Scottish civil code project
83
the case of contract
102
a system of Civilian principle But could it be codified?
118
the civil law of Catalonia ius commune and the legal tradition
136
7 The codification of Catalan civil law
164
modern developments of the Paulian action
199
romance and rentabilidad in an anglophone mixed jurisdiction
221
11 Estonia and the new civil law
250
12 The positive experience of the Civil Code of Quebec in the North American common law environment
260
13 From the code civil du bas Canada 1866 to the code civil Quebecois 1991 or from the consolidation to the reform of
267
from its RomanByzantine origins to its contemporary European orientation
288
INDEX
306
Copyright

8 Unification of the European law of obligations and codification of Catalan civil law
172

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