Abstract: The Central European region is characterised by struggles between modernising endeavours and insisting on (legal) identity, by imposed and voluntary legal transplants — sometimes even by competing legal transplants; law reforms accelerated by rapid political, economic and social changes and European legal harmonisation. Three countries (the Czech Republic, Romania and Hungary) enacted new civil codes recently, which rely on legal transplants to a greater or lesser extent. The general rethinking of private law and the implementation of European Union law in these legal systems enhance the so-called “applied comparative law” from the perspective of both the legislature and the judiciary. This article begins with a short discussion that shows why and how comparative considerations necessarily lead to legal transplants in general. It then proceeds to analyse the three central European countries that have recently enacted new civil codes, with a special reference to legal transplants at the macro level in a historical perspective. The article concludes with a plea for more comparison.
Keywords: legal transplants; comparative law; applied comparative law; Czech Republic; Romania; Hungary; civil law; civil code; codifi cation; Central Europe
“In our view, the scientifi c conclusion can be only that the acceptance and application of legal principles and legal institutions in the course of the codifi cation of our private law cannot depend on their national origin, but on their expediency, i.e. their harmony with the present social needs, interests and conditions” Rezső Dell’Adami, 18771
JICL welcomes full length articles (generally not exceeding 13,000 words inclusive of footnotes), shorter contributions in the form of notes and comments (generally not exceeding 8,000 words inclusive of footnotes) and book review articles of not more than 6,000 words.
We accept contributions for consideration on an exclusive submission basis. When submitting an article please certify that it is an unpublished article (that is, it has not been previously published in substantially similar form or with substantially similar content) and that it is not under consideration by any other journal.
To facilitate anonymous review, please give the names of authors and their short biographical information and acknowledgments in a separate page.
Authors retain copyright in the words used, but upon submission of material for publication, grant Sweet & Maxwell a licence to publish the submission in print and/or digital formats. Sweet & Maxwell retains copyright in the design, format and layout of all material published in JICL.
Once submissions are published, authors are entitled to one copy of the issue, 10 offprint copies and a PDF version of the submission.
Authors who send articles published in JICL to other publishers or media must include a reference to the publication of the article by JICL and Sweet & Maxwell.
Contributions and book reviews should be submitted in Microsoft Word format by way of email attachment to Professor Anton Cooray at Anton.firstname.lastname@example.org.
Authors should follow the OSCOLA citation system (http://www.law.ox.ac.uk/publications/oscola.php), except that we prefer authors to use indenting sparingly.
JICL uses the following heading levels: Main headings are in bold and preceded by a Roman numeral; second-level headings are in bold and italics and preceded by an uppercase alphabet; third-level headings are preceded by an Arabic numeral; and fourth-level headings are in italics and preceded by a lowercase alphabet.