Cesare Massimo Bianca

On the Way of a Progressive Codification of European Private Law

  • Abstract

Informations and abstract

Keywords: Common European Sales Law, codification of European private law, good faith.

The author appraises positively on the whole the European Parliament and Council Proposal of a Common European Sales Law. The Proposal is viewed as a significant step on the path of a progressive codification of European Private Law. The author had already indicated progressive codification as the only reasonable way of proceeding in order to realize a European Contract Code, overcoming the difficulties raised by the Member States unwilling to renounce their legal traditions. To start with sale, as suggested in times past by the author, is a good choice, as the contract of sale is the main contract governing the trade of goods and services. The author mentions furthermore the most interesting points of the Proposal and underlines, i.a., the acknowledgment of good faith duty as an ethical precept. The author has however some reservations about the restricted application of the Proposal to B2B contracts and the drop-in kind of option adopted by the Proposal.

Trova nel catalogo di Worldcat

Article first page

Article first page