Abstract
Globalisation has seen the development of a body of autonomous legal rules of international trade that bridge the gap between the two main legal families (common law and civil law). These new rules focus on the function rather than on the dogmatic origin or legal tradition behind a particular norm or principle. In Europe, there are various texts that harmonize private law and which con-form to this model, such as the PECL, the DCFR or the CESL. Within the European Union, this process of informal and decentralized rulemaking has not yet resulted in the enactment of a European Civil Code (as even the CESL enactment has failed), but it has influenced national law (the modernization of the German BGB, the Dutch Civil Code, and the reform of the French Civil Code). This direct influence on national law constitutes one of the aims of these harmonizing legal texts as stated in the introduction to the ‘Draft Common Frame of Reference’.
Luz M. Martínez Velencoso, The Impact of Harmonized European Private Law and the Acquis Communautaire on Spanish Law, 11 Journal of Civil Law Studies (2018).
First posted 2018-12-01 06:31:55
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