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Abstract
In western civil law jurisdictions, 19th century large-scale codification projects have made way for more specific, technical operations. While several terms for various operations are used – from coordination to consolidation or recasting – they all serve to compile normative texts within one single document for the sake of clarity and legal certainty. A more fundamental distinction can be made between formal and substantial codifications, the one more technical, the other large and fundamental. Substantial law reforms are problematized in this era of multilevel governance and digitalization. Nowadays, substantial codifications are essentially non-exhaustive, inconsistent, and fragmentized. Also, they rely upon formal consolidations, and generate new formal consolidations. While formal consolidations are still treated as logistic projects, more developed ICT tools may enable their transformation into continuous processes.
European Journal of Law Reform |
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Article | Codification in a Civil Law Jurisdiction: A Northern European Perspective |
Keywords | codification, types, civil law, legal certainty, ICT |
Authors | Patricia Popelier |
DOI | 10.5553/EJLR/138723702017019004002 |
Author's information |
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