文档介绍：THE STRUCTURE OF THE NEW EUROPEAN PRIVATE LAW
Martijn W. Hesselink*** Martijn W. Hesselink is Professor of Private Law and the Director of the Amsterdam Institute for Private Law (AIP) at the Universiteit van Amsterdam, herlands.
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1 Introduction
For more than ten years there has been a debate going on in Europe on the future of European private law, and especially on the desirability and feasibility of a European Civil Code. This debate has recently gained special focus when the mission placed the need for a European Code of Contracts on the political agenda.. Communication from mission to the Council and the European Parliament, COM(2001) 398 final (), No. 52.
Assuming that at least part of private law could and should mon in the future. I have addressed this question elsewhere. See my >The Politics of European Contract Law: Who Has an Interest in What Kind of Contract Law for Europe?= (Paper presented at the conference entitled >Communication from mission on European Contract Law= organised by the Society of European Contract Law on November, 30th and December, 1st, 2001 in Leuven, Belgium; the contributions will be published in 2002 by Stephan Grundmann (ed.)). In brief, my position is that it may be worthwhile to substitute national private law by European private law where the latter is >better= in substance. For me, that means, among other things, that it should be sufficiently social.
, the question arises what structure this mon European private law should have. For most participants in the debate the default model for such a structure would be a European civil code. See . Arthur Hartkamp, Martijn Hesselink, Ewoud Hondius, Carla Joustra, Edgar du Perron, Towards a European civil code, 2nd ed., Nijmegen and The Hague/London/Boston 1998.
. In this paper I address the question whether a classical code in the sense of the French Code civil of 1804, the German Bürgerliches Gesetzbuch of 1900 or indeed the Dutch Burgerlijk Wetboek of