This is the thirteenth book in the series The Common Core of European
Private Law published within Cambridge Studies in International and
Comparative Law. The Project was launched in 1993 at the University of
Trento under the auspices of the late Professor Rudolf B. Schlesinger.
The methodology used in the Trento project is novel. By making use
of case studies it goes beyond mere description to detailed inquiry into
how most European Union legal systems resolve specific legal questions
in practice, and to thorough comparison between those systems.
It is our hope that these volumes will provide scholars with a valuable
tool for research in comparative law and in their own national legal
systems. The collection of materials that the Common Core Project is
offering to the scholarly community is already quite extensive and will
become even more so when more volumes are published. The availability
of materials attempting a genuine analysis of how things are is,
in our opinion, a prerequisite for an intelligent and critical discussion
on how they should be. Perhaps in the future European private law will
be authoritatively restated or even codified. The analytical work
carried on today by the almost 200 scholars involved in the Common
Core Project is also a precious asset of knowledge and legitimisation for
any such normative enterprise.
We must thank the editors and contributors to these first published
results. With a sense of deep gratitude we also wish to recall our late
Honorary Editor, Professor Rudolf B. Schlesinger. We are sad that we
have not been able to present him with the results of a project in which
he believed so firmly.