Do We Need a European Sales Law?

Viola Heutger, University of Utrecht

A GJ Topics article.

Abstract

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.

Originally published in Global Jurist Topics.

Recommended Citation

Heutger, Viola (2004) "Do We Need a European Sales Law?," Global Jurist Topics: Vol. 4 : Iss. 2, Article 1.
Available at: http://www.bepress.com/gj/topics/vol4/iss2/art1

 
 
 
 

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