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(Do) We Need A European Civil Code (?), David Schmid
(Do) We Need A European Civil Code (?), David Schmid
Annual Survey of International & Comparative Law
The paper will first explain the historical developments that may one day support a European Civil Code. Next, it will examine other options available to reach the goal of unification and will then give an overview of the problems concerning the competence of the European Union for a European Civil Code. Arguments for both the critics and the supporters of the implementation of such a Code will be examined. Finally, this paper will try to develop options for further proceedings and will end with a conclusion of the findings.
Cite as: 18 Annl. Survey Int'l. Comp. L. 263 (2012).
The New African Law: Beyond The Difference Between Common Law And Civil Law, Salvatore Mancuso
The New African Law: Beyond The Difference Between Common Law And Civil Law, Salvatore Mancuso
Annual Survey of International & Comparative Law
The current investments into African countries are limited as a result of the judicial and juridical insecurity. As such, there is a strong need to rebuild the respective legal systems in order to enhance investors' reliance and to further attract foreign investment. The idea of the unification of African laws has been considered as the only solution to eliminate obstacles to development amounting from the judicial differences among the varying African nations. Such a change would give the countries joining the process of regional integration the opportunity to assert their interests in a stronger and more confident manner within the …