The Interrelation between Rights and Duties in EU Law: Reflections on the State of Liability Law in the Multilevel Governance System of the Union: Is There a Need for a More Coherent Approach in European Private Law?

Abstract

Rights shall be exercised and duties performed in good faith. 1 This right or claim of an individual however is merely the obligation of the other individual or individuals?� If one designates as �right� the relationship of one individual toward whom another individual is obligated to a certain behaviour, then this right is merely a reflection of this obligation?� 2 The withering away of the categories of bourgeois law, will?� mean the withering away of law altogether, that is to say the disappearance of the juridical factor from social relations. 3 One thing can be noticed considering the � more or less successful � European projects concerning liability law: so far European liability law is lacking even more coherence than our national laws and to some degree recognisable structure; at the moment one cannot even talk about a torso. A sustainable concept for future development is also missing. 4