Principia iuris as a means of harmonization and unification of European law through historical-comparative methodology
Keywords:
Ius commune; General Principles of Law; Regulae iuris; Lex Mercatoria; Bona fidesAbstract
This article sets out the general principles of Law as a normative source for the process of European juridical unification, via historical and comparative analysis. The permanent and universal value of such principles is based on the continuity of Roman rules throughout the European juridical tradition. The historical substrate in which these principles are rooted makes them guide models and values that can inform the national legal systems and the formation of the new European general law. The renewed importance given to the principia iuris is reflected in the widely varying functions attributed to them: as legal grounds, as criteria for interpretation or as sources of Law.
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Creative Commons Reconocimiento-NoComercial-SinObraDerivada 4.0 España (CC BY-NC-ND 4.0 ES)