Sociedad líquida y codificación

In current times, those of the «second modernity» (Beck) or «liquid modernity» (Bauman), defined by the lack of solid references and the instantaneity of both problems and results, the author asks whether we are at the right time to the codification, both as an idea, and as a legal technique. Mainly focused in Obligations and Contracts, she analyses the situation of the current «codification», («neocodification» or «recodification») both from an inter-European perspective, and from the perspective of individual States of the area that have undertaken it. She then focuses on the Spanish situation, in which the coexistence of three legislative pieces of work, referring to the modernisation of Book IV of the Spanish Civil Code, the drafting of a new Commercial Code, and the making of the new book of the CCCat, makes for a very peculiar situation within the Comparative Law. She also studies the relation and role of these three works within the Consumer’s Law.
The author believes that the concept of «code» is still of value for a Private Law system, in line with the needs of our times; she denies the label of «zombie category» as Beck would define it (a dead idea, but still alive). She
considers that the drafting of an Obligations and Contracts Code (whether within the Civil Code or not), including the bases for the contractual obligations of Private Law, is a solid foundation that should not be disregarded if we want our jurisdiction to be at par with those that surround us