Do We Need a European Sales Law?
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Viola Heutger
A few decades ago nobody was discussing a European Sales Law. Nowadays there are already academic working groups coming up with drafts on a future European Sales Law. The academic endeavours can be divided into three channels at this point in time. One concentrates on an already existing codification and aims to create a whole civil code. Another deduces some principles for European use from the already existing acquis communautaire. The third group is drafting principles on the basis of national legislation, the acquis communautaire and international instruments and will later combine these principles in a Civil Code. The drafted Principles of European Sales Law seek to serve different purposes. On the one hand, they will be an academic answer to the ongoing process relating to the EU-wide harmonization of contract law and will therefore offer their own dogmatic system. On the other hand, they could also be a model law for further comparative and legislative activities within European contract law. The final outcome of this process cannot be predicted, but it can be said that all approaches see the harmonised sales law imbedded within a structure of general rules.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
- Topics Article
- Do We Need a European Sales Law?
- Explaining Welfare-Based Torts
- Adapting Human Rights to Privatised Infrastructure Projects
- Frontiers Article
- From Lerotholi to Lando: Some Examples of Comparative Law Methodology
- Authors and Users in the Cyberspace: A Survey on Intellectual Property and the Internet from the Spanish (and European) Legal System
- Hegemonic Human Rights and African Resistance: Female Circumcision in a Broader Comparative Perspective
- Advances Article
- The Learned Hand Formula: The Case of the Netherlands
- Antitrust Claims: Why Exclude Them from The Hague Jurisdiction and Judgments Convention ?
- Global Governance: An Heretical History Play
Artikel in diesem Heft
- Topics Article
- Do We Need a European Sales Law?
- Explaining Welfare-Based Torts
- Adapting Human Rights to Privatised Infrastructure Projects
- Frontiers Article
- From Lerotholi to Lando: Some Examples of Comparative Law Methodology
- Authors and Users in the Cyberspace: A Survey on Intellectual Property and the Internet from the Spanish (and European) Legal System
- Hegemonic Human Rights and African Resistance: Female Circumcision in a Broader Comparative Perspective
- Advances Article
- The Learned Hand Formula: The Case of the Netherlands
- Antitrust Claims: Why Exclude Them from The Hague Jurisdiction and Judgments Convention ?
- Global Governance: An Heretical History Play
