Regional Private Laws and Codification in Europe
Hector L. MacQueen, Antoni Vaquer, Santiago Espiau Espiau
Cambridge University Press, Oct 16, 2003 - Law
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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1 The civil law in European codes
debates on the history and development of Scots law
3 The Scottish civil code project
the case of contract
a system of Civilian principle But could it be codified?
the civil law of Catalonia ius commune and the legal tradition
7 The codification of Catalan civil law
modern developments of the Paulian action
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
from its RomanByzantine origins to its contemporary European orientation
8 Unification of the European law of obligations and codification of Catalan civil law
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2nd edn artt Barcelona Catalan civil law Catalan law Catalonia Catalu˜na Catalunya century Civilian Tradition code civil Code of Quebec codification common law Comparative Law concept constitution contractual obligations Court creditors debtor Decree delict Derecho doctrine draft dret droit civil Edinburgh enacted English law Estonian Europe European Civil Code European Contract Law European law European legal European private law European Union fĻur family law French Generalitat German Greek harmonisation Ibid institutions ius commune Komotini law of obligations lawyers legal tradition legislation liability Louisiana Civil Code modern non-opposability ofEuropean ofthe ownership Parliament parties Paulian action PECL Principles of European Privatrecht Professor property law protection provisions Quebec real right Recht recognised reference regulation Reinhard Zimmermann Roman law rules Scotland Scots law Scottish Law Scottish Law Commission sources Spanish Civil Code specific statutes transfer Unidroit Usatges ZEUP Zweigert and KĻotz