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ON THE LONG WAY TOWARDS A EUROPEAN CIVIL CODE. PART I. (Na dlhej ceste k Europskemu obcianskemu zakonniku. I. cast.)

100%
Janco M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2009
|
vol. 92
|
issue 1
14-28
EN
Civil law, as an integral part of private law, is currently influenced by European harmonization and unification tendencies, even though there are certain trends favouring legal pluralism and solely spontaneous harmonization of law. The most comprehensive solution of private law unification in Europe would be to adopt a European Civil Code. This idea, despite the fact that the European Civil Code enthusiasm of the nineties has already, as it seems, vanished, is still present in the European academic and political arena, even though it is regarded rather as a long-term aim of private law unification. The present article consisting of three parts deals with this long road towards the European Civil Code that private law in the European Union is on. In the first part of the article, the author deals with the current situation of civil law in the context of harmonization and unification tendencies and describes the forms of unification of law; characterizes the initiatives in the field of civil law unification in Europe and analyzes the four options of action in the field of contract law presented by the Commission.
2

ON THE LONG WAY TOWARDS A EUROPEAN CIVIL CODE (PART II.) (Na dlhej ceste k Europskemu obcianskemu zakonniku. II. cast.)

100%
Janco M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2009
|
vol. 92
|
issue 2
139-158
EN
The second part of the article focuses on the methods of civil law unification in Europe including in particular a European Civil Code or other binding Community instruments, drafting common principles, spontaneous harmonization of private law and application of an optional instrument. Furthermore, this part of the article is concerned with economic and political arguments regarding a potential European Civil Code and it also deals with the importance of differences between legal systems and legal cultures with respect to the unification of law by means of a uniform civil code.
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