Autore: Conte, Giuseppe
Titolo: Some Reflections on the Role, the Impact and the Effects of the Common European Sales Law
Periodico: Osservatorio del diritto civile e commerciale
Anno: 2013 - Fascicolo: 1 - Pagina iniziale: 119 - Pagina finale: 138

The Author underlines the cultural, practical and economic reasons that suggestto adopt the Common European Sales Law (CESL) in light to improve the process of harmonizationof the European contract law. Some Academics and Stakeholders have criticizedthe initiative on the basis of skeptical and various arguments. The Author remarks thatany consideration on the role, the impact and the effects of the new uniform contract lawrules has to be considered in a medium and long term perspective. At the beginning, it canbe predicted that the new instrument will create interpretative difficulties and it will takesome time to become attractive for all the actors of the European legal environment. Afterthis initial period of application, the benefits and goals of this legal initiative will becomemore obvious. Therefore, we can expect to verify that the CESL will contribute to give moreattractiveness to our market, as well as to strengthen the European identity. After analyzingthe relationship between the CESL and the system of private international law and thepotential conflict with the CISG, the Author focuses his attention on the optional natureand purposes of the new initiative and considers that the achievement of these aims dependsupon the possibility to ensure a uniform interpretation of the meaning of the variousprovisions of the CESL. The advantages to introduce common rules in an European legalenvironment so fragmented could easily be undermined by the fact that the cross-borderdisputes will continue to be adjudicated by national courts. Thus the transparency, the opencommunication and the easy access to national rulings are important instruments to pursuelegal certainty. Furthermore, a relevant role can be played by the European Court even if itcan be involved only in a limited number of cases.




SICI: 2281-2628(2013)1<119:SROTRT>2.0.ZU;2-W
Testo completo: http://www.mulino.it/download/article/10.4478/74693
Testo completo alternativo: http://www.mulino.it/doi/10.4478/74693

Esportazione dati in Refworks (solo per utenti abilitati)

Biblioteche ACNP che possiedono il periodico