Finnish Private Law: Statutory System Without a Civil Code




Juutilainen Teemu

Julio César Rivera

Dordrecht

2013

The Scope and Structure of Civil Codes

Ius Gentium: Comparative Perspectives on Law and Justice

32

155

180

978-94-007-7941-9

978-94-007-7942-6

https://link.springer.com/chapter/10.1007/978-94-007-7942-6_7



Finland counts as a civil law jurisdiction, but Finnish private law is not based on a comprehensive civil code. As in the other Nordic countries, codification of private law has taken place in the form of statutes, that is, various individual acts. General principles and other contents of the “general part” of private law are largely uncodified and will most likely remain so. The absence of a civil code and a comprehensive statutory general part leaves the system of private law open-ended, which accounts for several aspects of the Finnish overall approach to private law. These concern interpretation and application of law, the relative weight of different sources of law, the role of legal science, and the openness of law to external influence. Despite the absence of a civil code, Finnish lawyers perceive domestic private law as a systematic whole, a doctrinal structure. Systematisation is entrusted to legal science, rather than predetermined by legislation.



Last updated on 2024-26-11 at 22:56