RICERCA ITALIANA     

European contract law and the Vienna sale Convention

Università degli Studi di Firenze

Abstract

This research paper proposes to be an in depth study of the experiences and uniformization of law as regards contracts within the european union and attempts to elaborate a common nucleus of concepts , principles and rules according to the requests of the european commission.
Keeping in mind that other efforts to elaborate uniform models were strongly inspired by regulations governing international sales of personal property (movibles) dictated by the Vienna Convention, aknowledging method and content of the same, this research also analyzes the study of this set of rules which often offers solutions with potentially general value.
Particular attention will be paid to examples and to the choices of legislative policy, which are more suitable for the purpose of uniformity.

Principal Investigator

Giuseppe VETTORI Università degli Studi di FIRENZE

Research Objectives

The creation of cultural assumptions necessary to create a system of wide shared rules, that can constitute the base of the future european contract law, proceeds firstly through the predisposition of coding plans. These plans, because of their nature, represent what today is commonly indicated as soft law.
The extraneity of that tools from the sources of normative production as commonly understood is the constant feature that characterizes such different tools often not coinciding. However, even if in a different way, the so called soft Law discounts a heavy debit towards the uniform discipline of the international sale of mobile things, dictated by the Convention of Vienna, in particular for methods and contents.
For the Countries that have joined to, such discipline is law in force, in the same way as the generally recognized criteria of formal creation of the law sources.
In such perspective, the premise of the research is that the Italian legal culture has lend insufficient attention to the Convention of Vienna. It happened in a similar way in many European countries. So, just a more careful approach to the rules contained in such normative systems and in the application can stimulate in a meaningful way the studies on the future European coding. Such tools allow to compare both domestic and international points of view.
If it is true that the Convention of Vienna contains a discipline expressly dictated according to a single contractual >>>

Timescale

24 months

National and international background

In recent years we have been witness to a process of slow but progressive affirmation of models of uniform juridic soluions for the regulations of governing European countries.
This process requires a broad analysis of mechanisms through which principles, rules, concepts and institutions are elaborated at the supranational level.
Through the contribution and the reciprocal influence of the legislative, giurisprudential and doctrinal creators as wellas economic and social dynamics which are at the base of such elaboration.
The study of this phenomenon of juridic convergence does not only effect the rules elaborated at the communitary level - rather, they are only one component of this of this complex juridic process, directed at discerning the presence of a "common nucleus" of private European law. Actually, the experience of european legislation introduced through the directives has highlighted more and more the need for a common base of general rules, in the context of which only the norms (provisions) introduced in conformity with the directives will permit the atteinment in the legal systems of the various member-nations of an identical discipline which is therefore the same for them all.
In consideration of the recognition of the inadequacy of "Communitary Law" for its sectoriality, analytics and lack of organic unity, the unarrestable process of integration was entrusted to " European Common Law " that is to a group of rules and principles >>>