November 22, 2012

My experience with comparative law.

During the three first years of my studies in Lille, I learned French law, but I also had modules about Belgian law, Spanish law, we had German law in German and English law in English. Before I started the ICP, I had an overview about different legal cultures, which is probably why I choose the ICP.

I think that we can’t understand a society without its legal system, and vice-versa. So, this programme gave us the opportunity to live in different countries, to learn different languages, and to understand and learn different legal cultures. Even sometime, it is really difficult to understand. For example, the german “Abstraktionsprinzip” is still abstract for me.

Moreover, in the way of harmonization of law, we have to be able to understand and have knowledge about the different legal system. We can observe an harmonization in European contract law, we have several examples with the Lando Principles, or UNIDROIT principles, or also the DCFR.

I think that to understand and improve a system, we have to learn from the other system. The French Civil Code is now really old, and we have in Europe countries, which have developed a very modern private law, Dutch law is a good example on that point. Beyond the development of the harmonization, countries can learn from the other systems, and improve their owns.

In Europe, all the legal systems come from same legal families, even every country developed its own legal culture.

To study comparative private law has many benefits, we learn different legal cultures, we learn why a harmonization of some area of law is necessary, and we learn how and why this harmonization is possible. And the most important it brings open-mindness.


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