In September, 1976, the first part of Book 8 of the new Dutch Civil Code was submitted to Parliament. A draft on transport by road will shortly be published and a draft on air law is being prepared. In drafting such a comprehensive code two methods are feasible: first, what I would like to call the Classical Method, and second, the Pragmatic Method.

Naturally, the contents of the Code should be the same whichever method is followed. It should contain provisions on the means of transport as an object, provisions on crew, on ways of operating the means of transport, on the accidents which might occur and on limitation of liability, if any.

The classical way of setting up the Code would be to give as many general provisions (leges generales) as possible, these provisions applying either to all or at least to as many means and modes of transport as would be feasible. These provisions would be followed by leges speciales derogating where necessary from the leges generales. On the other hand, a far less dogmatic set-up would be to give as few general provisions as possible and to draw up what would in reality be five different codes, one for all maritime law, one on inland navigation, one on the law of transport by roads, one on air law and one covering transport by rail.

An example may clarify these different systems.

The time-charterer of a vessel, of a road vehicle or of an aircraft has the right—within the limits of the charter—to give orders to the master, driver or commander, but provisions as to who has to pay for damages caused to the ship, the truck, the bus or the aircraft by the executing of these orders might differ. According to the Classical Method there should be one general provision in the chapter “time charter” and specific provisions elsewhere. In the non-dogmatic system one would get no general provision at all, but in dealing with time charter a full regulation in maritime law, in law in inland navigation, in air law and in law on road transport.

Broadly speaking it may be said that the Classical Method is a tempting one in that it is clear and concise, but experience soon showed this ideal to be unattainable. Why?

The Netherlands have ratified a great many international conventions on transport and it was decided that national law should strictly conform to international law, unless (as for example in national transport by road) the national interest necessitated derogation from the international conventions.

Now the international conventions all deal with one specific means or mode of transport and adherence to these conventions leaves very little common ground for lex generalis and therefore in itself already leads to great diversification. Moreover, it is clear that sede materiae there are as good reasons for the divergencies existing