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The juridical transplant (legal acculturation) in context of globalization

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  • Emilian Ciongaru

Abstract

Marking the borders is not the role of a untouchable space of territory, the state becomes, inevitably, part of a whole, of the globalized world and its territory having the meaning guided by logic of flows in all areas: the capitals, the goods, the informations, the cultures, the persons. Globalization, a phenomenon which practically extends bridges of communication between communities and has the effect that domestic legal order, part of European Union legal order, together, extend to a new legal order, global legal order. In this context it is inevitable modernization and legal systems compatible with the phenomena of legal transplants or legal acculturation, which would involve replacing all or part of a legal system or part of this system, which is proved to be diseased, with a system or part thereof , from a somewhat higher assumed as healthy, which is assigned the status of the donor by the recipient of the transplant receiving named, with the final aim to enrich and treatment system as outdated or ill in the compatibility of national legal system with legal system transnational and inevitably of global legal system.

Suggested Citation

  • Emilian Ciongaru, 2015. "The juridical transplant (legal acculturation) in context of globalization," Impact of Socio-economic and Technological Transformations at National, European and International Level (ISETT), Institute for World Economy, Romanian Academy, vol. 5.
    • Handle: RePEc:iem:imptrs:v:5:y:2015:id:2822000009340095
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