Codification in Europe and China: what makes contract law special?

This chapter questions the relevance of codification in the area of contract law. Although both in Europe and in China initiatives exist to codify the law of contract, this chapter suggests that an alternative way of organizing contract law may better serve the purposes of codification than a traditional Civil Code. This alternative would do better justice to the importance of national mandatory law, the development of private initiatives to increase the accessibility of the law, and the enhancement of the possibilities for choice of law.