ABSTRACT

The purpose of this chapter is to look at the dichotomy in private law between the property and obligations from the perspective of a comparatist. One particular aim is to highlight any conceptual obstacles and difficulties should the EU decide to adopt (or impose) a European Civil Code (an idea taken seriously by some jurists on the continent if not in England). This will give rise to the more general question of whether it is conceptually appropriate for the common law to import the category of the law of obligations.