Constitutional foundations of Swiss civil legislature

Abstract

The modern Swiss civil legislation is based on the constitutional principles which are not different from those proclaimed in 1798 during the French domination. It took cantons two centuries to accept the full unification of civil law, the unification that originally Napoleon intended to impose by force. What was inconceivable and unacceptable at the end of XVIII century is part of everyday's life today. However, it was a long and difficult task to achieve the uniform civil law. It took a lot of time, many compromises and wise political decisions to overcome deeply rooted legal particularism. However, at the turn of the new millenium, under the influence of social changes, the full circle is finally closed and what once was only the idea is now accomplished: the Swiss Confederation has a uniform private law today. Legal developments in Yugoslavia have undertaken a completely different direction. The process of particularization obviously has not been ended. The latest constitutional concept provides for the delegation of legislative competences from the federal to state levels. Therefore, the legal particularism in (he area of the civil law seems to be an inevitable consequence. The latest world trends are quite opposite to the directions carried out within our legal system. Unification of domestic legislation and its adjustment to regional and world standards should be priority in the times we live in. The experience of the Swiss Confederation certainly provides such an example.