Chapter

The Scope and Structure of Civil Codes

Volume 32 of the series Ius Gentium: Comparative Perspectives on Law and Justice pp 67-81

Date:

Private Law Codifications in Belgium

  • Dirk HeirbautAffiliated withDepartment of Legal Theory and Legal History, Universiteit Gent Email author 
  • , Matthias E. StormeAffiliated withInstitute for Commercial and Insolvency Law, Katholieke Universiteit Leuven Law School

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Abstract

As Belgium received its codifications from Napoleon, this chapter does not focus on the history of these codifications but on the history of private law since these codifications. It tells the story of the lack of recodification (except for civil procedure) and the updating of private law inside or outside the code and tries to explain why new rules were placed inside or outside. It further discusses shortly the role new legislation and case law have played in the process of adapting private law. Specific sections are devoted to the fate of a separate commercial code and the question of codification of consumer law.

Keywords

Belgium Civil Code Codification Private law Decodification Current role of the Civil Code