7. Trends in the Unification and Integration of Civil Law
Economic basis for the unification of civil law.
From the foregoing it is clear that, despite the difference in the political structure and political history of individual capitalist countries, despite the contradictions between them, the development of their civil law is dominated by similar features. This uniformity of development is determined by the basic economic features of the period of imperialism for all capitalist countries.
Along with this internal uniformity of development, the desire of the capitalist world to external unification of civil law, to the elimination of at least some differences between the civil legislation of different countries, to the creation of uniform laws for some areas of civil law in different states is clearly manifested.This trend is connected with the development of the world economy, with the growing role of international trade and the mutual economic dependence of the capitalist countries, with the development of capital export characteristic of the period of imperialism.
International conventions in the field of maritime transport.
This trend was first realized in the field of maritime transport (in the field of railway transport, since 1888, the Berne Conventions were in force). Two conventions, concluded in 1910 in Brussels, entailed the publication by signatories of these conventions or subsequently acceding states of homogeneous interstate decrees on the collision of ships and on salvation at sea.
International conventions - bill and check.Almost simultaneously with the Brussels Conventions, the international conference in The Hague adopted (in 1912) a draft convention on bill of exchange rights, the implementation of which was to ensure the creation of a uniform bill of exchange legislation in all States parties to the convention. The First World War prevented the ratification of this convention.
In 1935 in Geneva, a number of states signed a convention on the harmonization of bill of exchange. In accordance with this convention (with only a few exceptions admitted by it), each of the signatory states has enacted uniform laws on bills on its territory.
Some states subsequently joined the convention. England and the United States did not join the Geneva Convention.
In 1931, the Geneva Convention on checks was signed, unifying the check law of the signatory states. Neither England nor the United States has acceded to this convention.
Unification and codification of civil law in capitalist states.
Along with the tendency toward unification of individual civil law institutions of different countries, there is a striving for the unification and codification of law within capitalist states.
Of great importance is the publication of "uniform" laws in the United States, where the law on civil law issues, except for exclusive rights, falls within the competence of not the federal authorities, but individual states. The resulting diversity of civil law has greatly complicated the system of American civil law. Hence the movement in favor of uniform laws, supported by the process of consistent restriction of the political independence of the states in favor of the federal authorities. Drafts of uniform laws are developed by a special committee of representatives of individual states, and then considered and adopted by the legislative institutions of each state in accordance with the procedure established by the constitution. As a uniform law, most states adopted laws on general partnership, on a limited partnership, on negotiable securities, including on a bill and check, on the sale of goods, etc.
Countries that did not have previously codified civil law, tend to more or less broad codification of their civil law. Among these countries, one should first of all call England. Part of the codification of English civil law was the property act of 1925, which encompasses not only the relationship of the pledge, but also some legally binding relations in the field of inheritance, along with issues of ownership.
Another major act of English law after the First World War was the already mentioned us act of 1929 on companies.
Developing formular rights.
The period under study is marked by the strengthening of the role of legislation that supersedes the importance of judicial precedent and customary law. Along with this, there is also a phenomenon of a kind of replenishment of the law by the law-making of monopolistic associations. Monopolistic enterprises, insurance companies, banks and large export and import enterprises consider the discussion with each of the numerous counterparties of the terms of the contract concluded with it to be extremely complicated, and at the same time, not in their proper interest. To avoid such a discussion, monopolistic enterprises develop standard models of contracts, "proforma" or Forms treaties to the content of which joins a counterparty signing a contract with a monopolist.Allowing the monopolist to impose his will on the counterparty without long and complex negotiations, the forms are, of course, much easier than the law to change and adapt to the specific needs of monopolists that do not change in the conditions of general volatility of capitalism.
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