Regional Private Laws and Codification in Europe

This book considers how the process of 'Europeanization' will affect regions such as Scotland and Catalonia, and compares with similar jurisdictions elsewhere.

Hector L. MacQueen (Edited by), Antoni Vaquer (Edited by), Santiago Espiau Espiau (Edited by)

9780521828369, Cambridge University Press

Hardback, published 16 October 2003

334 pages
22.9 x 15.2 x 2.2 cm, 0.64 kg

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.

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.

Subject Areas: Laws of Specific jurisdictions [LN], Private international law & conflict of laws [LBG], Comparative law [LAM]