The Civil Law’s Common Law

Authors

  • Christian von Bar

DOI:

https://doi.org/10.54148/ELTELJ.2026.1.63

Keywords:

common law, civil law, customary law, sources of the law, binding precedents, methodology, comparative law, culpa in contrahendo

Abstract

Continental legicentrism can no longer convincingly explain the growing importance of precedent. Today’s Civil Law systems need to modernise their understanding of what counts as a source of law. They, too, need the notion of common law.

Author Biography

Christian von Bar

Christian von Bar Emeritus Professor of Law, European Legal Studies Institute, University of Osnabrück,
Germany.

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Published

2026-03-17

Issue

Section

Symposium