Preface

Summary

A British author writing about the European Union must overcome contradictory preconceptions. Continental colleagues will probably assume that the work will be sceptical about any proposal emanating from Brussels. If the proposal concerns the introduction of a comprehensive civil code that would replace the uncodified common law of England, this forecast of the British author's hostility probably seems guaranteed. Yet within the United Kingdom, anyone who demonstrates much interest in or sympathy with the activities and proposals of the European Union is immediately suspected of conspiring to abandon national sovereignty to foreign powers. Most English private and commercial lawyers, convinced of the superiority of their tools of production, the common law, prefer to ignore European legal developments as much as possible, though, if cornered, would urge their government to wield a veto power against initiatives that might interfere with their business routines. In this work, the reader should forgo either of these tempting preconceptions.

Although the book offers considerable critical evaluation of the past and current forays of the institutions of the European Union into the field of private law, ultimately identification with the values and long-term goals of Europe steers the argument towards a re-conception of the European agenda rather than a rejection of the project for a European Civil Code. In its essentials, the book provides a critical evaluation of why the development of a civil code in Europe is a valuable, though daunting, project.