Contract codification and the English: some observations from the Indian Contract Act 1872

Swain, Warren (2013). Contract codification and the English: some observations from the Indian Contract Act 1872. In James Devenney and Mel Kenny (Ed.), The transformation of European private law: harmonisation, consolidation, codification or chaos? (pp. 172-195) Cambridge, United Kingdom: Cambridge University Press. doi:10.1017/CBO9781139870559

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Author Swain, Warren
Title of chapter Contract codification and the English: some observations from the Indian Contract Act 1872
Title of book The transformation of European private law: harmonisation, consolidation, codification or chaos?
Place of Publication Cambridge, United Kingdom
Publisher Cambridge University Press
Publication Year 2013
Sub-type Research book chapter (original research)
DOI 10.1017/CBO9781139870559
Year available 2013
ISBN 9781107038806
9781139870559
Editor James Devenney
Mel Kenny
Chapter number 9
Start page 172
End page 195
Total pages 24
Total chapters 16
Collection year 2014
Language eng
Subjects B1
180105 Commercial and Contract Law
Formatted Abstract/Summary
The comparative legal historian, Professor Van Caenegem, has argued that ‘If common law stands for anything, it is absence of codes, and likewise civil law stands for codification’. He continues, ‘through a variety of political circumstances the English mind has come to associate codes with all that is abhorrent’. Perhaps the most extensive period of codification actually predated the birth of the common law, albeit that the Anglo-Saxon law codes cannot really be described as law codes in a modern sense. The last fifty years has seen a lessening of hostility towards codification in England, in some circles at least. Developments in mainland Europe may in the end have the final say. The recent publication of the Draft Common Frame of Reference has raised the possibility of a Europe-wide Code of private law of one sort or another. The exercise has been criticised, not least because it raises difficult questions about compatibility with domestic law. Formidable obstacles, political and practical, still have to be overcome before a European Code of private law can become a reality. Whether or not such a code is either desirable or possible is best left to those more qualified to judge. The aims of this chapter are the rather more modest ones of seeking to add historical gloss on the business of the codification of private law from an English perspective.
Q-Index Code B1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Book Chapter
Collections: Official 2014 Collection
TC Beirne School of Law Publications
 
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Created: Mon, 09 Dec 2013, 13:53:43 EST by Carmen Buttery on behalf of T.C. Beirne School of Law