Tipo
Artigo de revista
Título
Another step towards harmonization in EU contract law
Data
2012
Ementa

Resumo:A Common European Contract Law has been in the pipeline for some time now and recently, another step in that direction was taken. On 11 October 2011, the European Commission issued a proposal for a Regulation that would establish such a European instrument. This Regulation aims to remedy a series of legal impediments that sellers and buyers face in their cross-border trade. With the 'Optional Common European Sales Law', the European Commission opts for a secondary regime that the Member States should adopt as part of their national law. This Common European Sales Law will not replace the existing national sales laws, but will exist autonomously, together with and next to the 27 national contract law systems already in place. This is the solution the Commission selected from the seven options listed in its Green Paper of 2010. In the 'Explanatory Memorandum' to the Proposal for a Regulation, the Commission explains that this was considered the most optimal route to achieve the intended objectives while still respecting the principles of subsidiarity and proportionality. The goal of this article is three-fold. First, to inform the reader of the Proposal for a Regulation on a Common European Sales Law and introduce its objective and applicability. Second, to examine whether the Optional Common European Sales Law, and the regime that the Proposal for a Regulation introduces, would create a legal environment that stimulates the intra-Community, cross-border trade in the most adequate manner. Third, to assess the position of the Optional Common European Sales Law vis-à-vis the existing framework of private international law and uniform sales law.

Classificação (CDDir)
342.144
 
DIREITO PRIVADO [ 342 ]
» DIREITO CIVIL [ 342.1 ]
»» Obrigações. Contratos. Convenções [ 342.14 ]
»»» Contratos e convenções em geral [ 342.144 ]

Publicação: Texto - Português

 
2012
Revista trimestral de direito civil: RTDC
   Imprenta: Rio de Janeiro, Padma, 2000.
   Referência: v. 13, n. 50, p. 163–190, abr./jun., 2012.
   Disponibilidade: Rede Virtual de Bibliotecas
   Localização:  CAM,  STF

2023-01-29T00:44:47.000Z [ 9594534 ]