Erfahrungen und Perspektiven zwischen Deutschland, Polen und den lusitanischen Rechten
Die Idee des allgemeinen Teils und die „nationalen“ allgemeinen Teile des Privatrechts Entstehung und Strukturvergleich der pandektistischen Allgemeinen Teile in den Zivilrechtskodifikationen Deutschlands, Polens und Portugals Ulrich Ernst Abstracts The article provides an overview of the origins and structure of the general parts of the Civil Codes of Germany (1896), Poland (1964) and Portugal (1965). Poland and Portugal introduced the pandectistic structure to their codes under the influence of the German model. The Polish and the Portuguese codes contain structural innovations, which can be seen as a consequential further development of the systems. Often the new solutions proceed in the same direction, which is interesting since there was hardly any contact between legislators in eastern-block Poland and far-right Portugal after World War II. The very detailed order of subdivisions with proper section titles is particular to the Portu- guese general part. The Polish Code has no equivalent since it is the least complex of all three codes, but in several solutions its structure seems to be the most appropriate pan- dectistic reaction to recent issues (e.g. the way the Polish general part includes now for- mer commercial code and newer consumer law provisions). For lawyers who have stud- ied one pandectistic code, it is relatively easy to orientate oneself in another pandectistic code, even a code with significantly different substantive provisions. This should be an incentive for intensifying the dialogue among members of what may be called “the pan- dectistic branch” of the civil law family. + % ! = =* * >! « \ « \= «² \ \= % ! ! !c-...
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