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  • 标题:European and Estonian Law of Obligations - Transposition of Law or Mutual Influence?
  • 本地全文:下载
  • 作者:Irene Kull
  • 期刊名称:Juridica International
  • 印刷版ISSN:1406-1082
  • 电子版ISSN:1406-5495
  • 出版年度:2004
  • 期号:I
  • 页码:32-44
  • 出版社:University of Tartu
  • 摘要:

    Changes in the legal system do not always result from the countries’ free choice but from international competition and political coercion countereffects.*1Besides the export of culture and goods, globalisation has brought about also the transformation of law. The success of transformation of society largely depends on how effectively the existing legal system can be reformed, the role that transplants from other legal orders and systems acquire in the existing legal framework, and how they are understood in the context of generally recognised legal traditions and the developed legal culture.*2 Mapping of the existing traditions has sometimes been regarded as a crucial prerequisite for harmonisation of law*3, but in a situation where globalisation has transformed the legal culture into a very rapidly changing and dynamic phenomenon, this task seems unfeasible and difficult to follow. Today, it is not only the methods and scope of transposition of rules that are of interest but also the substance of the rules or the meaning that a particular provision has acquired in a specific cultural environment. The following discussion covers some of the most important legal transplants in the Law of Obligations Act (LOA), their sources, and the issues that have arisen and may arise in the future in giving substance to these provisions. Estonia has an intriguing chance of influencing the formation of common European civil law by introducing its experience in the transformation of unified civil law principles and rules into the national legal system.

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