Chapter

The Development of Legal Doctrine in a Mixed System

Kenneth Reid and Reinhard Zimmermann

in A History of Private Law in Scotland

Published in print December 2000 | ISBN: 9780198267782
Published online March 2012 | e-ISBN: 9780191683374 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198267782.003.0001
The Development of Legal Doctrine in a Mixed System

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Private law scholarship in Europe has been, for about 150 years, predominantly national in substance, outlook, and approach. In continental Europe, the law has tended to accept the lex positiva as an immovable boundary of its intellectual endeavours and to solve all legal problems on the basis, and within the conceptual confines, of a national codification. This state of affairs has repeatedly been criticized. The directives enacted by the Council of the European Union, the case law emanating from the European Court of Justice, the legal problems arising from the application of the United Nations Convention on Contracts for the International Sale of Goods, they all increasingly affect the legal condition in most Western European countries. Private law in Europe is in the process of reacquiring a transnational character.

Keywords: legal doctrine; private law; legal problems; national codification; Council of the European Union; mixed legal system

Chapter.  7084 words. 

Subjects: Constitutional and Administrative Law

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