Warren Swain (University of Auckland – Faculty of Law) has posted The Common Law and the Code Civil: The Curious Case of the Law of Contract (Comparative legal history. Editors: O Moréteau, A Masferrer, KA Modéer (eds), Comparative Legal History, Edward Elgar, Cheltenham, 379-399, 2019) on SSRN. Here is the abstract:
The modern law of contract in both France and England was forged in the nineteenth century. Both jurisdictions made extensive use of what was already there. In England, this exercise involved more than using earlier Common law authorities. For a brief moment it tapped into a deeper European intellectual tradition. The structures that were created in the two jurisdictions shared some common features. These coalesced around the idea of will. Pragmatic English judges were also willing to appropriate aspects of the Code Civil for their own, and quite different purposes. Either way, for a few decades, something quite fundamental was shared.