The article has been published in a Special Number of “Contratto e impresa/Europa”, in which thirty European scholars debate the idea of a European code of contracts. It describes the path toward a European contract law, its academic input, the contrasting interests at stake, the political decisions of the European Commission, Council, Parliament. The recent choice (october 2011) to issue a proposal for a Regulation on a common European sales law is very far from the initial idea of an overall codification of European contract law, because it drafts an optional instrument that can be chosen (only) in sale contracts between a business and a consumer or between two businesses, one of which being a small or medium enterprise. Moreover, the option will be given only in cross-border sale transactions, though Member States can broaden its scope, and the text does not seem to be so clear and user-friendly as the European institutions planned. In conclusion, it is not so sure that the optional instrument, should the Regulation be approved in the present drafting, would be actually chosen by businesses and could facilitate the expansion of cross-border trade.
La codificazione europea del diritto contrattuale tra progetti dottrinali, strategie politiche e interessi di categoria
PISU, LUCIANA
2012-01-01
Abstract
The article has been published in a Special Number of “Contratto e impresa/Europa”, in which thirty European scholars debate the idea of a European code of contracts. It describes the path toward a European contract law, its academic input, the contrasting interests at stake, the political decisions of the European Commission, Council, Parliament. The recent choice (october 2011) to issue a proposal for a Regulation on a common European sales law is very far from the initial idea of an overall codification of European contract law, because it drafts an optional instrument that can be chosen (only) in sale contracts between a business and a consumer or between two businesses, one of which being a small or medium enterprise. Moreover, the option will be given only in cross-border sale transactions, though Member States can broaden its scope, and the text does not seem to be so clear and user-friendly as the European institutions planned. In conclusion, it is not so sure that the optional instrument, should the Regulation be approved in the present drafting, would be actually chosen by businesses and could facilitate the expansion of cross-border trade.
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