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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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The Scope and Structure of Civil Codes

Edited by: Julio Cesar Rivera

ISBN13: 9789400779419
Published: February 2014
Publisher: Springer-Verlag
Country of Publication: The Netherlands
Format: Hardback
Price: £119.99

Despatched in 12 to 14 days.

This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law.

It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes - and private law legislation in general - with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law.

It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus.

Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another).

The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.

Roman Law and Greek Law
Table of Contents
Part One
The Scope and Structure of Civil Codes - Relations with Commercial Law, Family Law, Consumer Law and Private International Law - A Comparative Approach
Julio Cesar Rivera
Part Two
Argentina - Argentina on the Eve of a New Civil and Commercial Code
Graciela Medina
Belgium - Private Law Codifications in Belgium
D. Heirbaut and M. E. Storme
China - Codification in China: the Special Case of Macau
Augusto Teixeira Garcia, Dan Wei, Paula Nunes Correia and Tong Io Cheng
Czech Republic - Recodification of Private Law in the Czech Republic
David Elischer, Ondrej Frinta and Monika Pauknerova
Estonia - Codification of Private Law in Estonia
Irene Kull
Finland - Finnish Private Law: Statutory System Without a Civil Code
Teemu Juutilainen
France - French Law
Borghetti, Jean-Sebastien
Greece - The Greek Civil Code Facing the Process of Decodification and Recodification of Law
Christina Delianni-Dimitrakou
Israel - Private Law Codification in a Mixed Legal System - the Israeli Successful Experience
Eyal Zamir
Italy - A Civil Code Originated During the War (the Italian codice civile)
Rodolfo Sacco
Japan - Codification, Decodification, and Recodification of the Japanese Civil Code
Netherlands - A Matter of Honour, in Which a Small People an be Great - The Dutch Codification Efforts in Brief
Anna Berlee
Portugal - The Scope and Structure of the Portuguese Civil Code
Dario Moura Vicente
Puerto Rico - Some Personal Observations on Codification in Puerto Rico
Luis Muniz Arguelles
Scotland - Mixed but not Codified: the Case of Scotland
Elspeth Reid
Spain - Is it Possible for a Minor Code of the XIXth Century to Serve as a Model in the XXIst Century?
Gabriel Garcia Cantero
Turkey - The Scope and Structure of Civil Codes-the Turkish Experience
Ergun Ozsunay
United States of America - Costs of No Codes
James R. Maxeiner
Unites States of America, State of Louisiana - Private Law in Louisiana: An Account of Civil Codes, Heritage, and Law Reform
Agustin Parise
Venezuela - Codification in Venezuela
Eugenio Hernandez-Breton and Claudia Madrid Martinez
About the Authors