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Redefining Codification

Author: Dirk Heirbaut
language: en
Publisher: Oxford University Press
Release Date: 2024-12-10
More than half of the world's population lives under law codes. Yet, defining the concept of codification remains elusive. Rather than delving into abstract theories, this book provides a rich and contextual comparative legal history of codes in France, Germany, the Netherlands, and Belgium from the late eighteenth century to the present. The author starts by examining the evolution of French, German, Dutch, and Belgian codes in their political and comparative context, thus challenging deeply rooted national narratives. He covers the well-studied civil codes and the often-overlooked commercial and procedural codes and drafts that failed to become law. Against this backdrop, the book embarks on a comprehensive analysis of the factors contributing to the success or failure of codification efforts. Employing an innovative method of comparative legal history, Redefining Codification explores the key players and objectives behind codification, revealing that traditional notions of codification are far removed from reality. Following the deconstruction of some 'universal truths' about codifications, this volume offers fresh insights into the behind-the-scenes of the lawmaking machinery and an empirically based definition of codification.
Structures of European Civil Codes

The study presents ways of structuring civil codes on the basis of selected codifications from Central and Eastern Europe since the end of 18th century until the modern times. In five chapters the author depicts the arrangement of an possible general part, of the law of obligations, of ius in re, of family law and the law of persons as well as of inheritance law. The focus of the study is searching the most commmon systematic patterns and the main differences between the socialist and bourgeois codifications.
The Anatomy of Corporate Law

Author: Reinier H. Kraakman
language: en
Publisher: Oxford University Press, USA
Release Date: 2004
This overview starts from the premise that corporate law across jurisdictions addresses the same three basic agency problems - the opportunism of: managers vis-a-vis shareholders; controlling shareholders vis-a-vis minority shareholders; and shareholdersvis-a-vis other corporate constituencies.