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Kodyfikacja – doświadczenia cywilistyczne przemyślane w przededniu wspólnego europejskiego prawa sprzedaży

100%
Zimmermann R.
Kwartalnik Prawa Prywatnego
|
2014
|
vol. 23
|
issue 1
37-69
EN
This essay, after determining the characteristics constituting a codification, sets out the historical conditions for the creation of national codifications in the late 18th and early 19th centuries. It then deals with a number of myths and misconceptions associated with codifications. The Proposal for a Regulation on a Common European Sales Law has now firmly placed the issue of codification on the European legal agenda. The essay therefore attempts to assess its chances of success against the background of the historical experiences; thus, it considers the arguments that have, in the past, been advanced in favour of codifications of private law and also looks at other factors that have contributed to their success. All in all, the auspices for a European Code of Contract Law, let alone a Civil Code, are far from ideal.
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Wyzwania dla Europejskiego Instytutu Prawa

100%
Zimmermann R.
Forum Prawnicze
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2011
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issue 6 (8)
3-16
EN
This is the text of a speech given on the occasion of the Inaugural Congress of the European Law Institute in Paris on 1st June 2011. It attempts to familiarize the audience with essential features of the Institute and it does so by highlighting a number of specific challenges facing it. These challenges arise, inter alia, from the Institute’s ambition to be comprehensive with regard to legal professions, legal disciplines and legal traditions. Specific attention is devoted to the notion of legal tradition(s) and the relationship between law and language. Finally, the position of the European Law Institute vis‑à‑vis other existing “networks” and organizations, official organs of the European Union and other organizations worldwide aiming at the harmonization of law, is highlighted. Throughout the speech, a reference is made to the American Law Institute and a question is asked to what extent it can serve as a model for the European Law Institute.
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