A survey of the various legal systems of private law in Europe and of their
common background.
Modern West European private law has been set down in comprehensive codes. As
a result, the impression is conveyed that there are as many autonomous systems
of private law as there are codifications. This impression is quite wrong,
however. All modern codes, especially the parts that deal with commercial law,
have been compiled on the basis of Roman law, the European ius commune, the
common private law of Europe. Therefore, despite all the legal diversity, modern
European commercial law has developed from a common core. After examining this
basis, students are introduced to the various legal systems derived from Roman
law, and especially to French, German and Dutch private law. Students learn to
appreciate how different solutions have been found for the same legal problems
in various European codes. The course is completed by a comparison of modern
continental European private law and the common law of England. Each class
covers a specific topic of private law; the present course focuses on property,
possession and the transfer of ownership.
(woensdag, 31 januari 2007)
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