Il progetto di diritto europeo dei contratti
Author(s)
Garonfolo, Antonella
Date Issued
June 30, 2014
Type
Doctoral Thesis
Abstract
The research starts from two (apparently divergent, but in fact strictly related)
observations:
- within the European market, despite the harmonization in several areas, trade
in goods and services are still governed by the internal law of contracts in each
Member State, with a negative impact on cross-border trade;
- but, however, in recent decades, as part of the process of European integration
and due to its legal innovations, common principles and rules of European private law
are emerging with an attitude to overlap traditional models of Member States.
Starting from these premises, it appeared necessary to analyze the situation as a
whole, comparing limitations and achievements.
In particular, in the first part of the work, "The European Contract Law", the
attention was focused on the problems of interpretation arising from the emerging
new paradigms of European private law and from the various arguments developed in
the construction of “common European building ", highlighting the fundamental role
played by the comparative method in the production of European law.
The second part, entitled "Attempts to build a European Contract Law", moves
from the analysis of the Rome Convention of 1980 on the law applicable to
contractual obligations. The paper investigates voluntary and academic documents
that spread at the beginning of eighties of the last century, and then examines the most
significant innovations introduced at the institutional level.
Among the latter, peculiar attention is given to the “Proposal for a Regulation
on a Common European Sales Law” (CESL) which, drafted on the basis of a proposal
from the Commission and supported by the European Parliament, is a candidate
privileged laboratory of the future European contract law.
3
Within such line, the research aimed to understand whether the envisaged
framework is consistent with the objectives pursued or - if you prefer - is effectively
directed at the construction of a “first piece” of European law in the proper sense.
In the light of the conclusions reached, finally, some considerations are carried
out on the actual perspectives of a common European Law of contracts in today's
historical context, characterized by the crisis in the market.
Additional information
Dottorato di Ricerca in Diritto dei contratti pubblici e privati
Subjects
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