G. Frankenberg Theory of Constitutional Transfer in the Context of the Predictive Function of Comparative Law

The use of the organic metaphor of transplant to describe the phenomenon of legal borrowing is not unique and has long been reflected in legal history and comparative law.However, the use metaphor of legal transplant has become widespread only since the 1970s. Despite the fact that the theory of legal transplants is the most controversial and debatable, at the same time it has become the main prerequisite for recognizing the need to develop and improve classical, traditional approaches as well as meaningful expansion of already existing legal categories. One of the modern conceptual approaches in this field is the theory of constitutional transfer of the German scholar G. Frankenberg. In his theory the process of constitutional transfer presented as complex and multistage and also he focuses its impact and subsequent consequences.