Legal Traditions and Efforts to Unify (Harmonize) the Private Law in Europe

Hamza, Gábor (2003) Legal Traditions and Efforts to Unify (Harmonize) the Private Law in Europe. Acta Juridica Hungarica, 44 (3-4). pp. 165-177. ISSN 1216-2574

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Abstract

The present essay deals with the question of harmonization of private law in Europe. The author gives an overview of the efforts of European states to unify private law, also underlining the results and shortcomings of these activities. He highlights the importance of Roman law in the unification of private law. The author mentions - inter alia - the role of Roman law in the development of the non-antique, "modern" natural law by referring to the term of Entzauberung der Welt by Max Weber. In addition, he analyzes the influence of the historical school of jurisprudence (Pandektistik) on the development of European private law. The study presents a short summary on the activity of the Academy of Pavia. The members of this Academy, among whom one may find experts of Roman law, Common Law and private law make efforts to codify the European law of contracts, which should be regarded as a great step towards a unified European private law.

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