Amphithéâtre Maurice Halbwachs, Site Marcelin Berthelot
Open to all
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Abstract

In line with the French codification model, continental codes have been presented as a decisive technique for achieving legal unification and legal positivism. From this perspective, codes would not be compatible with other sources besides the law (custom, judicial precedent, legal doctrine), nor with legal diversity. Using the Spanish example, we shall see that these ideas are myths, or at least imperfectly reflect reality. They may hold true in France and perhaps in other European legal systems, but they cannot be maintained in the case of Spain.

Speaker(s)

Aniceto Masferrer

University of Valencia, Spain