K FENOMÉNU KODIFIKÁCIE SÚKROMNÉHO PRÁVA

• Authors: Štefanko Jozef

Title variants

EN

On the phenomenon of codification of private law

• Languages of publication: SK

Abstracts

EN

By scrutinizing the phenomenon of codification of private law the author enquires whether the process of codification as understood in the civil law legal family and a complex civil code itself still have a place in the contemporary legislation and in the private law practice. Codification is hereby perceived as the traditional vehicle of private law innovation in Europe. Thus common features of codification are analysed and the variation of the concept in common law systems is taken note of. Furthermore, it is evaluated what effect on the legal system and the society the codification bring about. On background of the analysis of concrete historical experience with codification, it is suggested that the codification legacy in continental Europe is still relevant, whereas certain features of the phenomenon have to be redefined in order to serve the purpose of innovating and stabilizing modern private law, which is to take account of the social and meta-legal context, in which it is applied. Therefore stronger preference of open concepts and principles seem to be required and higher demands on the expert legislative work as well as judicial analytical depth are postulated.

Keywords

EN

CODIFICATION; PRIVATE LAW; CIVIL CODE

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2017
• Volume: 100
• Issue: 1
• Pages: 16 – 37

Contributors

author

Štefanko Jozef

• Právnická fakulta, Trnavská univerzita, Trnava, Slovak Republic