Hard Code Now?

Abstract

Can a European Civil Code successfully harmonize European Private Law? No. Such a Code would be doomed to fail: being too abstract, it would be interpreted differently within different legal systems. Secondly, it would not be able to cope with legal changes, which are occurring more and more often in European private law nowadays. Thirdly, as the law is moving towards fragmentation rather than unification, the project itself of a Code is out of date. Finally, new legal actors are emerging, which counteract the role of the Code: I dwell upon the Law Firms, whose law making role is generally overlooked by legal writings.

Keywords: European civil code, comparative law, legal sociology

JEL Classification: K30