Die Chancen für eine einheitliche Auslegung eines Europäischen Zivilgesetzbuches
1. Edition 2009
Universitätsverlag Osnabrück at V&R unipress
Schriften zum Internationalen Privatrecht und zur Rechtsvergleichung -
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The creation of a European statute book is on the political agenda of the EU. The aim is to at least partly standardize the civil law of the member states. However, the mere establishment of a standard legal code does not bring about the creation of a standard legal entity. In the comparative legal literature it is questioned whether – in the light of the different interpretative methods in the individual member states’ legal orders, the different legal cultures, and last but not least the many different languages in the EU – standardized legal applications and outcomes are at all possible in judicial practice. This raises the question whether, shortly after coming into existence, a European civil code might possibly exist in name only and its practical application disintegrate into as many pieces as there are member states. The author makes a thorough critical analysis of the main theoretical misgivings, testing them against his own practical observations.