Common Interests in Private Law. A Reflection on the Leading Narrative of Private Law

私法通常被理解为法律领域，在这里，个人利益的协调发生在自由和平等的个人之间。这种描述没有提到共同利益，即。e.不能归属于单个人或有限群体的利益。然而，共同利益构成私法的一个组成部分。然而，共同利益在私法中的作用一直是一个讨论的话题，这就是本博士后论文的切入点：它从理论和教条的角度描述和解释了共同利益在私法中的作用。在这样做时，它追求两个主要目标：第一，它旨在扩大和加深对私法中考虑共同利益的方式、其运作方式及其功能的认识。选定的共同利益-环境保护、促进基础设施建设和促进平等-是提高认识的材料。私法立法和私法法理依据各自的共同利益进行了梳理和分类。在此基础上，进一步探讨了共同利益与处于类似地位的个人利益的关系、立法和司法在处理这些利益中的作用、考虑这些利益的方法以及法律和决定的实际意义。研究表明，对共同利益的考虑现已牢牢扎根于私法中，特别是在环境私法和反歧视法等不断发展的领域。其次，本文旨在扩大对私法学科中发挥作用的话语机制的认识。它是在私法法学发现自己处于方法论自我反思状态的时期写成的。这篇论文有助于这一正在进行的辩论。它表明，一种主导性的叙述是可以察觉的，这种叙述传递了这样一种观点，即对共同利益的考虑与私法无关。主导叙事是强大的，虽然法律的历史研究已经削弱了它，并主张对私法的替代理解。分析研究了主导叙事经久不衰的原因。在这一过程中，它从外部视角审视私法话语，但这一视角又深深地受到法律的知识的影响。

Private law is commonly understood as the field of law, where the coordination of individual inter-ests takes place among free and equal individuals. This description does not mention common in-terests, i. e. interests that cannot be ascribed to a single person or a limited group of persons. And yet, common interests form an integral part of private law. However, the role common interests play in private law is subject to an ongoing discussion.This is where the postdoctoral thesis comes in: it describes and explains the role of common inter-ests in private law from a theoretical and from a dogmatic perspective. In doing so, it pursues two main aims:First, it aims to expand and deepen the knowledge of the ways in which common interests are taken into account in private law, their mode of operation and their function. Selected common interests – environmental protection, the promotion of infrastructure and furthering equality – serve as refer-ence materials. Private law legislation and jurisprudence with reference to the respective common interests are sorted and classified. Based on the classification, further observations are made on the relationship of common interests to similarly positioned individual interests, the role of the legisla-ture and the judiciary in their processing, the methods used for their consideration and the practical significance of the laws and decisions. It follows from the examination that the consideration of common interests is now firmly anchored in private law, particularly in the evolving areas of private environmental law and antidiscrimination law.Second, the thesis aims to widen the knowledge about the discursive mechanisms at play in the discipline of private law. It has been written during a time, in which private law jurisprudence finds itself in a state of methodological self-reflection. The thesis contributes to this ongoing debate. It shows that a leading narrative is detectible, which passes on the idea that the consideration of common interests is foreign to private law. The leading narrative is powerful, although legal history studies have weakened it and alternative understandings of private law are advocated. The analysis examines the reasons for the longevity of the leading narrative. In this process, it looks at the private law discourse from an outside perspective, which is nevertheless deeply informed by legal knowledge.