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Štefanko
Štefanko
, J.: On the Phenomenon of Codification of Private Law.
Právny obzor, 100, 2017, č. 1,
s. 16 – 37.
Abstract. 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 does 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 metalegal 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.
Key words: Codification;
Private Law; Civil Code; Restatement of Law; Reform of Law
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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