ON THE LONG WAY TOWARDS EUROPEAN CIVIL CODE (PART III.) (Na dlhej ceste k Europskemu obcianskemu zakonniku (III. cast.))
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The third part of the article deals with the legal basis for adopting a European Civil Code in Community law and with its legitimacy and outlines certain problems of European supranational codification of civil law concerning in particular a uniform application of unified rules, legal pluralism and the appropriate form of a supranational civil code. The author points out that the question of adopting a uniform civil code for Europe is not only related to legal, but also to many extralegal categories and policy-based considerations. As to the feasibility of a European Civil Code, the author comes to the conclusion that the rules of civil law can be unified in form of a uniform civil code. However, clear economic and political arguments in favour of such a solution are currently missing. Moreover, even if a political agreement to adopt a European code were reached, which seems improbable, without at least certain elements of a common legal culture, the unified rules would not be applied in a uniform way in various legal environments. Nonetheless, given the converging tendencies in the European legal area, the author concludes that European private law is on its albeit long way towards a European Civil Code. However, this code will almost certainly not be a classic code, but rather a postmodern open-textured set of rules the concrete form of which cannot predicted yet.
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