laws exists, is a fascinating siib)ect, and is a prime issue. Yet it will be objected against a code of prix ate law for the luiropean Union that national pride and identity is much tied up with a sx stem of national law. 1 understand. But then I would point out hoxx much of a nation's law-rules, institutions, concepts, structures-residts fromborrowing. .\nd I vxoidd obserx e that notions of law and legal propriety do not alwax s coincide xvith national frontiers. A small farmer in the Belgian .\rdennes xxill be closer in his legal conceptions to a small farmer in neighboring (jermanx' than to a businessman from Brussels. It remains to add that in manx' areas of laxv parties are in large measure free to make their oxx ii arrangements that are different from the basic statutorx laxv: contracts, marriage agreements, even testate succession. Such prox isions can be enshrined in a common code. Not onlx that, but as the examples of (iermanx’ and SxvitZetland shoxx, a common code mav alloxx for local x ariations. .\gain it xx ill be objected that the example of the United States of .\merica is stronglx’ against the notion of anx’ need for uniformitx' of laxv. I'.ach state in the Union has its oxvn legislature, and xvotdd be adamant against gix ing it up. .Vgain 1 agree. Bur 1 xvould insist that much has alreadx' been gixen up for the sake of uniformirx’. The prime example is the L'liiforni CommereinI (.Wcxvhich has beetx accepted bx' all of the states. 1 could mention manx’ others, including the I'ccicnd Code of Civil Procedure \\h\ch has been adopted in most jurisdictions. CA'rtainlx' each stare has the right to amend these laxvs, but a great deal of uniformirx’ has been achiex ed." Also the prix ate bodx', the American i.axx Institute, has achiex ed much for uniformitx' xvith its Restatements and proposed Codes.Certainlx’ the remaining dix ergences are not generallx’ seen as a real problem xvirh the exceprion of the distinction berxveen states that accept the concept of matrimonial propertv and those that do nor. 1 19
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