Sulla proposta di regolamento relativo a un diritto comune europeo della vendita

This writing concerns the new Proposal of Regulation on a Common European Sales Law (CESL). The source of this one is to be recognized in the series of works dedicated throughout Europe since the first eighties of past century to the idea of a European codification of private law. In this scope, the result, which makes the content of the Proposal as referred exclusively to the sales contract, sounds in some sense frustrating. The Proposal though includes general rules on contract, especially those on formation and interpretation, which could be intended as a kind of prelude to a more extensive regulation regarding the contract in general. The tentative character of the proposal is manifested by the optionality which the Proposal declares the new regulation has to have. There must be a specific declaration by the parties aiming to the application of the set of rules in which the CESL consists. This will produce difficulties in the promotion of the proposed Regulation as an effectively applied European discipline. Moreover the rules of CESL frequently repeat rules already enacted in previous directives dedicated to the protection of consumers as in turn the CESL wants to be. The author though is not in agreement with critical appraisals which prove to be more ideological than dogmatically persuasive: this is, e.g., the case relating to the duty to mitigate, that convincingly the CESL, following the PECL and the DCFR, has regulated apart from contributory negligence.