LEGRAND, Pierre
Sens et non-sens d'une codification réformatrice du droit européen - Paris : IIAP, avril/juin 1997
The codification of European private law does not appear necessary. In fact, the internal common market, in line with the examples of America and Canada, may benefit from the existence of different systems of private law. The allure of codification mirrors the desire of lawyers schooled in the Roman tradition. There in lies a serious risk of exclusion, given that in Europe different traditions exist (principally that of the common law) which, by their very nature, find codification an alien concept. Consequently, it is appropriate to follow a middle course towards the integration of laws within Europe, reconciling different traditions
Sens et non-sens d'une codification réformatrice du droit européen - Paris : IIAP, avril/juin 1997
The codification of European private law does not appear necessary. In fact, the internal common market, in line with the examples of America and Canada, may benefit from the existence of different systems of private law. The allure of codification mirrors the desire of lawyers schooled in the Roman tradition. There in lies a serious risk of exclusion, given that in Europe different traditions exist (principally that of the common law) which, by their very nature, find codification an alien concept. Consequently, it is appropriate to follow a middle course towards the integration of laws within Europe, reconciling different traditions
