Conference Report „Private Law in Eastern Europe – Autonomous Developments or Legal Transplants?

29.04.2009

On 27 and 28 March 2009 a conference titled "Private Law in Eastern Europe – Autonomous Developments or Legal Transplants?" took place at the Max Planck Institute for Comparative and International Private Law in Hamburg. The conference, co-hosted by the Institute for East European Law of the University of Kiel, assembled scholars from Eastern and Southeastern Europe as well as international experts from the European Bank for Re­construction and Development and the Gesellschaft für Tech­nische Zusammenarbeit (GtZ).

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.
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