Codification in International Perspective Selected Papers from the 2

No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various l

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Series Editors: Jürgen Basedow Max Planck Institute for Comparative and International Private Law, Germany George Bermann Columbia University School of Law, USA Editorial Board Xavier Blanc-Jouvan Université Panthéon-Sorbonne, France Bénédicte Fauvarque-Cosson Université Panthéon-Assas, France Toshiyuki Kono Kyushu University, Japan Marek Safjan Cour de Justice de l’Union européenne, Luxembourg Jorge Sánchez Cordero Mexican Center of Uniform Law, Mexico

For further volumes: http://www.springer.com/series/11943

Wen-Yeu Wang Editor

Codification in International Perspective Selected Papers from the 2nd IACL Thematic Conference

2123

Editor Wen-Yeu Wang College of Law National Taiwan University Taipei Taiwan

ISSN 2214-6881 ISSN 2214-689X (electronic) ISBN 978-3-319-03454-6 ISBN 978-3-319-03455-3 (eBook) DOI 10.1007/978-3-319-03455-3 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2014930430 © Springer International Publishing Switzerland 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

Introduction to the Codification Books (two volumes)

Codification is the process of collecting and restating the law of a jurisdiction into a legal code. This process has often involved international dimensions and, as such, has long draw