基本説明
Examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the Member States. The whole is considered in relation to the development of European private law, and the use of codification in that process.
Full Description
Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
Contents
List of contributors; Acknowledgements; List of abbreviations; Introduction Hector L. MacQueen, Antoni Vaquer and Santiago Espiau Espiau; 1. The civil law in European codes Reinhard Zimmermann; 2. 'A token of independence': debates on the history and development of Scots law Niall R. Whitty; 3. The Scottish civil code project Eric Clive; 4. Scots law in Europe: the case of contract Hector L. MacQueen; 5. Scottish property: a system of civilian principle. But could it be codified? David L. Carey Miller; 6. '... Quae ad ius Cathalanicum pertinet': the civil law of Catalonia, ius commune and the legal tradition Ferran Badosa Coll; 7. The codification of Catalan civil law Núria de Gispert i Català; 8. Unification of the European law of obligations and codification of Catalan civil law Santiago Espiau Espiau; 9. From revocation to non-opposability: modern developments of the Paulian action Antoni Vaquer; 10. Epistle to Catalonia: romance and rentabilidad in an anglophone mixed jurisdiction Shael Herman; 11. Estonia and the new civil law Martin Kaërdi; 12. The positive experience of the Civil Code of Québec in the North American common law environment Claude Masse; 13. From the code civil du bas Canada (1866) to the code civil Quebecois (1991), or from the consolidation to the reform of the law: a reflection for Catalonia Esther Arroyo i Amayuelas; 14. The evolution of the Greek civil law: from its Roman-Byzantine origins to its contemporary European orientation Eugenia Dacoronia; Index.
