Codification in the Netherlands : Professor Meijers’ successful cam-paign for a complete revision of the Dutch Civil Code (1838)

Runia, Harry (2024) Codification in the Netherlands : Professor Meijers’ successful cam-paign for a complete revision of the Dutch Civil Code (1838). In: Codification of Civil Law: Assessment, Reforms, Options. Legal Heritage . Central European Academic Publishing, Miskolc–Budapest, pp. 439-467. ISBN 978-615-6474-72-8 ISBN (epub) 978-615-6474-73-5 ISBN (pdf) 978-615-6474-74-2

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Abstract

This contribution focuses on the codification of civil law in the Netherlands, particularly on the successful campaign of Professor Eduard Maurits Meijers (1880–1954), without which the current civil code would not exist.1 The first part of the chapter (1) provides a brief historical overview of the codification of civil law in the Netherlands, where the Dutch realised that the success of any codification effort depends on the nation’s constitution. Professor Paul Scholten, Meijers’ main opponent in his campaign for a new civil code,2 famously said, ‘a new civil code originates only out of political pressure’.3 This is demonstrated by starting with the Dutch republic (1.1), where codification of civil law was not even proposed owing to the lack of political pressure. It became necessary only after the Netherlands became a unitary state in 1798. Since then, three civil codes have preceded the current one: the Napoleonic Code adapted for the Kingdom of Holland (1.2), the Code civil des français, also known as the Code Napoleon (1.3), and the Old Dutch Civil Code (1.4). The second part of this chapter (2) addresses how the choice for a complete revision of the code originated. Since the focus is on Meijers’ campaign in the 20th century, limited attention is paid to developments in the 19th century (2.1).4 Subsequently, developments that led to the establishment of the State Committee 1919 are discussed (2.2), and Meijers’ relation with this Committee (2.3). The origin and motives for Meijers’ campaign for a complete revision of the old code is discussed next (2.4), followed by the developments after the 100th anniversary of the Old Civil Code in 1938. leading up to Meijers’ official appointment by Royal Decree to draft a new civil code in 1947 (2.5).

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