This volume studies transformation processes from comparative and long-term perspectives. Practitioners from international cooperation agencies and scholars from Eastern and South-Eastern Europe analyze transformation dynamics, the acquis communautaire and autonomous codification work, focusing on national general private and company laws.
More than 20 years have passed since the downfall of socialist systems. To accelerate transformation processes utmost priority was given to the recognition of property rights, an indispensable requirement for free market economies. Regulators soon came to realize that the success of transformation was conditioned on a more systematic approach towards codified civil law and business law. Numerous comparative law studies on individual Eastern European states have been undertaken, but they fail to portray the dynamic in its full scope. Studies adopting long-term perspectives and offering multi-nation comparisons are particularly rare. In March 2009, a symposium was held at the Hamburg Max Planck Institute for Comparative and International Law to address these shortcomings. In this conference volume Christa Jessel-Holst, Rainer Kulms, and Alexander Trunk assemble the contributions by international policy advisors and scholars from Eastern and South Eastern Europe (Bosnia and Herzegovina, Bulgaria, Croatia, Hungary, Poland, Romania, Russia, Serbia, Slovenia and Ukraine) assessing codification processes in classic civil law fields and company and capital market laws. In spite of comparable transformation problems, the individual processes are moving forward quite disparately, oscillating between 'old' socialist codifications, legislative projects faithful to the acquis communautaire and new codifications with a distinctly autonomous approach. Nonetheless, most transformation states are united in their effort to establish efficient court systems which can handle the acquis without being positivistic.
Contributors:
Jürgen Basedow, Rainer Kulms, Michel Nussbaumer, Frederique Dahan, Thomas Meyer, Alexander Komarov, Volodymyr Kossak, Jelena Perović, Camelia Toader, Verica Trstenjak, Christian Takoff, Tatjana Josipović, Meliha Povlakić, Dušan Nikolić, Mirko Vasiljević, Alexandra Makovskaya, Oleg Zaitsev, Ionuţ Raduleţu, Tania Bouzeva, Radu Catană, András Kisfaludi, Krzysztof Oplustil, Arkadiusz Radwan
Table of contents:
Jürgen Basedow: Welcome Address
A. Perspectives of Civil Law in Eastern Europe - Policy Issues
Rainer Kulms: Optimistic Normativism after Two Decades of Legal Transplants and Autonomous Developments -
Michel Nussbaumer and
Frederique Dahan: Promoting Legal Reform in Eastern Europe: the EBRD Approach -
Thomas Meyer: Social Market Economy Values in Legal Reform Projects in South East Europe (SEE)
B. Civil Law - General Aspects
Alexander Komarov: Development of Private Law on Contracts in the Russian Federation -
Volodymyr Kossak: General Principles of Private Law in Ukraine -
Jelena Perović: Contract Law in Serbia -
Camelia Toader: Contract Law in Romania -
Verica Trstenjak: Private Law Developments in Slovenia - a European Perspective -
Christian Takoff: Private Law in Bulgaria
C. Property Law Aspects - South-Eastern Europe
Tatjana Josipović: Property Law Reform in Croatia Between Legal Transplants and Autonomous Development -
Meliha Povlakić: Property Law in Bosnia and Herzegovina -
Dušan Nikolić: Property Law in Serbia: Both Autonomous Legal Development and Legal Transplant
D. Company Law in Eastern Europe
Mirko Vasiljević: The Serbian Law on Commercial Companies -
Alexandra Makovskaya: Russian Company and Capital Market Law -
Oleg Zaitsev: 2009: Russian Corporate Legislation Reform Continues and Has to Be Continued -
Ionuţ Răduleţu: Recent Company Law Developments in the European Union -
Tania Bouzeva: Company Law in Bulgaria -
Radu N. Catană: Romanian Company Law: Recent Evolution Between Autonomous Development and Legal Transplants -
András Kisfaludi: Company Law in Hungary -
Krzysztof Oplustil and
Arkadiusz Radwan: Company Law in Poland: Between Autonomous Development and Legal Transplants
