L'utopia della codificazione europea e l'oscura Realpolitik di Bruxelles. Dal DCFR alla proposta di regolamento di un diritto comune europeo della vendita

The Draft Common Frame of Reference is a good result on the way of giving Europe a suitable general law of contract and obligation. Perhaps there is in it only some generalisation too many. By a sudden change of course the European Commission has set up an expert Group with the mandate of reducing its scope, focusing the work on the law of sale. The outcome is the new Proposal for a Regulation on a common European sales law of October 2011, whose contents profits from the PECL and the DCFR, but results in a sort of waste in that it narrows good rules in a one dimension discipline, more akin to the model of directives than to that of a more significant piece of legislation as the Proposal aims to be.