Tradition, Codification and Unification: Comparative-Historical Essays on Developments in Civil Law

Two hundred years ago, many civil law jurisdictions adhered to exclusive national codifications of private law and abandoned the old Ius Commune. Other jurisdictions in the civilian tradition did not engage in codifying private law and continued along lines of authoritative opinions, case law, and f [...]
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Two hundred years ago, many civil law jurisdictions adhered to exclusive national codifications of private law and abandoned the old Ius Commune. Other jurisdictions in the civilian tradition did not engage in codifying private law and continued along lines of authoritative opinions, case law, and fragmented legislation. In contemporary days, the shades of national law slowly melt away, and we imagine a future where new common laws will continue to take shape. This book deals with this mirror image and explores the law in its everlasting tension between tradition and change. Historic and comparative analyses from European, Latin American, and South African jurisdictions provide perspectives on the role of substance, methodology, institutions, as well as individuals in developments of law towards the future. (Series: Ius Commune Europaeum - Vol. 128)