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Civil Law

Louisiana State University Law Center

Harmonized European private law

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The Impact Of European Private Law Upon The Mixed Legal Systems Of Cyprus, Nicholas Mouttotos Oct 2019

The Impact Of European Private Law Upon The Mixed Legal Systems Of Cyprus, Nicholas Mouttotos

Journal of Civil Law Studies

This article attempts to examine the impact of European private law upon the legal system of Cyprus taking into account its mixed elements and whether these elements have contributed towards a smooth reception of EU law. While Nikitas Hatzimihail argued in 2013 that it may still be too early to assess the impact of European Union (EU) law upon the legal system of Cyprus, the financial crisis and its effects render such an assessment possible. Building upon Hatzimihail’s work in his effort at understanding a “unique” legal system by using comparative law theory to understand the doctrinal development and elaboration …


The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso Nov 2018

The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso

Journal of Civil Law Studies

Globalisation has seen the development of a body of autono-mous 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 decentral-ized rulemaking has not yet resulted in the enactment of a European Civil Code …