RB 64

Swedish legal system as belonging to a specific “Nordic” legal family, distinct from the European continent.41 Ditlev Tamm agrees with the opinion that Roman law influenced the code indirectly through the practice of the courts of appeal.This was apparent especially in the part of the code that treated commercial law, including a great part of the law of obligations.42 At the same timeTamm claims that the Swedish Code of 1734, like the Danish Code of 1683,was a collection of an old and already well established law, rather than a modern codification. Thus Roman law and natural law had a limited significance for the making of the code.43 The tension between international reception and integration on the one hand and national distinctive characteristics on the other, as well as between change and continuity, was also reflected in the contemporary writings of David Nehrman. In 1729, in the transition period between two important codifications of Swedish law, the medieval Rural and Urban Codes of the 14th century and the Code of 1734, he published a book, which marks a milestone in Swedish legal writing. Its title can be translated roughly as “Introduction to the Swedish private law jurisprudence based on the natural law and old and new Statutes of the Kingdom of Sweden.”44 In 1746 Nehrman added an appendix to the book.45 Nehrman - in 1765 elevated to Nobility as Ehrenstråhle - has been called the true founding father of modern Swedish legal science.46 He was not only the dominant legal scholar in SwedenFinland during the 18th century,47 but also ideas that Nerhman elaborated in1729 had a considerable influence on Swedish prip a r t 1 i , c h a p t e r 2 36 41 Zweigert & Kötz 1992, p. 289. 42 Tamm1998, p. 24. 43 Tamm1996, pp. 278-279. Further discussions about the code are to be found in Minnesskrift ägnad åt 1734 års lag, Stockholm1934, I-III. See also references in Modéer 1997, pp. 105-113. 44 “Inledning Til Then Swenska Iurisprudentiam Civilem”. Nehrman 1729. 45 Nehrman 1746. Reprint 1979. 46 Weibull 1868, p. 108. 47 Modéer 1979, p. XIII.

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