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Form and Substance of Legal Continuity

Forthcoming in "Zeszyty Prawnicze" Vol. 17.2

32 Pages Posted: 10 Aug 2017  

Rafał Mańko

University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

Date Written: June 18, 2017

Abstract

The paper claims that the form vs. substance dichomoty is relevant for the study of legal continuity, however, only provided that the notion of ‘form’ refers to the ‘form of law,’ and the notion of ‘substance’ refers to the socio-economic reality which the law strives to regulate. Therefore, the study of legal continuity despite a socio-economic transformation is, ultimately, the study of interaction between the (unchanged) form and (changed) substance.

Keywords: Legal Survivals, Form, Substance, Legal Continuity, Legal Change, Law Reform

Suggested Citation

Mańko, Rafał, Form and Substance of Legal Continuity (June 18, 2017). Forthcoming in "Zeszyty Prawnicze" Vol. 17.2. Available at SSRN: https://ssrn.com/abstract=2988694

Rafał Mańko (Contact Author)

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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