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Lang analyzes efforts made in the United Kingdom and the United States to replace or modify the common law with codes since the origins of codification in the nineteenth century. Lang is especially interested in the tension between written codes, which are characteristic of continental law, and the common law, which is grounded in custom. Since its publication in 1924, this book has been cited often in articles dealing with codes and comparative law.
This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.
This book explores the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted national codifications of maritime law from the codification point of view.
Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.
This volume contributes to the codification debate by bringing together research articles which compare and contrast the experience of countries which have a criminal code with those operating a case law system. Whereas wholesale codification is a much more accepted phenomenon in the continental law traditions, simplistic transplants from one legal tradition can result in systemic frictions and other anomalies which may offend domestic culture. This collection is an invaluable reference tool which supports the discussion over codification and promotes better understanding across the common law/civil law divide.
The report Renting Homes in Wales (Cm. 8578) updates the recommendations of the 2006 Law Commission report Renting Homes: The Final Report, for the purpose of an introduction of a bill by the Welsh Government. At the core of the recommendations is the creation of a simplified statutory framework which: (i) Reduces the number of available forms of rental occupation of residential property to two: the secure contract; and the standard contract. (ii) Provides model contracts which set out the basis on which occupiers occupy rented housing in clear terms. Whilst the Renting Homes recommendations were designed as far as possible to maintain the current balance of rights and responsibilities between landlords and occupiers, the development of the proposals inevitably involved some modifications to the status quo. This review highlights the most significant of these modifications and where these have proved controve
In this study of a pivotal event in the evolution of Quebec's legal culture, Brian Young shows that codification of the Civil law was an intensely political act as well as a legal phenomenon.