As we enter the 21st century and come to terms with the changes wrought by computer technology, it is much to be regretted that our legal system in many respects remains rooted in a bygone age.

Our political masters exhort us to embrace the new world of e-commerce, yet allow us to remain saddled with laws that should have been jettisoned a long time ago. In the context of commercial property, my point is amply illustrated by our landlord and tenant law.

The basic statutory framework is an old British statute enacted as long ago as 1860 (Deasy's Act) and still in force in Ireland nearly 80 years after the State's existence as an independent jurisdiction. That statute, not surprisingly, was enacted to deal with a quite different social and economic era, when most tenancies were of farmland held by absentee landlords.

That era passed many years ago as a consequence of the Irish "land war" - the buying out of absentee landlords and the restoring of land ownership to Irish farmers. Other fundamental statutory provisions relating to landlord and tenant law are contained in later 19th century British legislation such as the Conveyancing Act 1881, which has been allowed to remain in force. Replacement of such statutes with those more attuned to the needs of the Irish State in the 21st century is long overdue.

However, the position is even worse than having archaic statutory provisions. In looking at the more modern legislation enacted by the Oireachtas, it is found that this too no longer accords with modern commercial life. Our Landlord and Tenant Acts suffer from a fundamental defect, which derives from an outmoded philosophy.

This is based on the notion that most commercial tenancies involve a scenario like the little old lady with a corner sweet shop, who must at all costs be protected from a big, bad landlord. A trip around Dublin would, of course, make any observer appreciate that the majority of commercial tenancies involve substantial commercial, professional and financial organisations taking leases on units in huge office blocks, shopping centres and industrial parks.

These organisations do not need the all-embracing scheme of statutory protection contained in our Landlord and Tenant Acts. They should remain free to strike whatever deal they wish to make with the landlords of such properties, and to have possession of the legal documents reflecting this. The problem with current legislation is that it does not discriminate between different types of tenants, and any attempt to "contract out" of the legislation is prohibited.

This is a constant source of embarrassment and frustration to Irish lawyers, who have to explain it to major commercial and financial institutions seeking to invest in Ireland. It does little to enhance the reputation of the Celtic Tiger.

It is not as if the point is not understood by the Oireachtas. When the IFSC was being developed, the application of the Landlord and Tenant Acts was specifically excluded and this exclusion was recently extended for another five years. The Law Reform Commission recommended a more general exclusion years ago, but the attempt to put its proposals into effect was a classic missed opportunity.

The Landlord and Tenant Act of 1994 permits contracting out of statutory rights only in the case of premises used wholly and exclusively as an office. It is difficult to understand why a firm of solicitors leasing office premises should be free to settle lease terms with a landlord - while Marks & Spencer, unit in a shopping centre, or Microsoft, leasing in an industrial estate - are not free to contract as they please. This matter should really be looked at again as a matter of urgency.

In doing so, attention must be given to making statutes more accessible and easily understood. The current legislation comprises a morass of several acts put in place over a substantial period, with layer added on top of layer - and also with numerous amendments. Taken in its entirety, even the most expert lawyer is hard-pressed to make sense of it.

Professor Wylie is consultant to solicitors A & L Goodbody.