Conference Report „Private Law in Eastern Europe – Autonomous Developments or Legal Transplants?
29.04.2009
Almost twenty years have elapsed since the collapse of Europe's socialist systems. As initial emphasis was placed on establishing an ownership system featuring state recognition of private property rights and the incorporation of a market economy, the codification discussion which took place in Eastern and Southeastern Europe as well as the Member States at the European Union's eastern border quickly focused on classical civil law and company law. Scholarly studies which considered these developments comparatively were also in particular demand.The conference unearthed consensus in its evaluation of statutory models whose transfer into the legal systems of transforming nations might yield autonomous solutions. Similarly, parallels were observed in the creation of efficient judicial systems which come to terms with the acquis communautaire and avoid positivistic interpretations. It should be noted, however, the current and future Member States of the European Union are pursuing different codification strategies in relation to neighbouring states which do not feel directly obliged by the acquis communautaire. Thus, the conference generated a particularly valuable dialogue among not only the ‘old’ and ‘new’ Member States of the European Union, but also among the jurists from transforming nations.

