General Method of Private Law

Chapter 1 of Volume I (General Part) of Mr. C. Asser's Manual for the Practice of Dutch Civil Law.

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Abstract

Preface (by translator)
The General Method of Private Law is a translation of the first chapter of Paul Scholten’s ‘Algemeen Deel’ (General Part), which is the first volume of ‘Mr. C. Asser’s Handleiding tot de beoefening van het Nederlandsch Burgerlijk Recht’ (Mr. C. ASSER’S Manual for the practice of Dutch Civil Law). The first edition of the ‘Algemeen Deel’ (General Part) was published in 1931 by W.E.J. Tjeenk Willink, Zwolle. Read more about the publication history of the ‘Algemeen Deel’.

The first edition from 1931 was used for the translation in English. The translation and publication of only the first chapter asked for a new title, to be able to discern it from the book as a whole. The first chapter (179 pages) of the General Part was titled: The method of private law. It has been decided to add the word general to the new title of the translated text, to indicate that it contains a general theory about the nature of private law, as stated by Paul Scholten in the Preface: “that which is common to all the parts” (para 2).The subtitle is added to relate the English translation to the history of previous publications of Paul Scholten’s famous text.

The translation in English is made on behalf of the Digital Paul Scholten Project, by a translation committee, consisting of Liesbeth Huppes-Cluysenaer, Cassandra Steer and Marjanne Termorshuizen-Arts.
Permission to publish in open access is acquired from the family Scholten.

A preprint of the translation has been posted in open access now. A preprint is a draft, which in the future still will be revised. When the finalized text will be posted as publication, it will comprise the history of its previous revisions: the different editions of the text can be opened and also the reviews and editorial decisions can be viewed. This makes it possible to quote or to refer to this preprint by using the citation-data, offered below.

The Digital Paul Scholten Project is a research project that not only aims at an improvement of the translation, but also organizes and supports the research needed to make the explanatory annotations to the translation. Also translations in other languages can link to these explanatory annotations. People, who are interested in the project, are invited to cooperate in the project. Those who consider such participation are asked to register

To invite comments on the first draft of the English translation, the text of this preprint is also published in a side by side version in Dutch-English and French-English The French translation makes use of the edition of 1934, in which some text is added. To make the comparison easy all three texts were divided in paragraphs. It was impossible to follow Paul Scholten’s division in paragraphs because he often uses very long paragraphs. Therefore the numbered paragraphs are just arbitrarily chosen text chunks. Paul Scholten’s own division in paragraphs is indicated by indents in this preprint.

To be cited as:
Scholten, Paul. General Method of Private Law. Chapter 1 of Volume I (General Part) of Mr. C. Asser’s Manual for the Practice of Dutch Civil Law. Preprint, first edition. Amsterdam: Digital Paul Scholten Project, May 2014. http://www.paulscholten.eu/research/article/english

©2013 UvA

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