The starting point of this writing is the actual significance of harmonization, which from being the initial model of a European private law, through directives more and more analytical, has become a way of true uniform law. Though it is not for the directives to create a uniform law, whereas this purpose is proper for a source having regard to the discipline of a whole area of private relationships: a code or something similar to that. In transforming a harmonized law in a uniform one in the European Union much has been done by the European Court, which at the same time has come up as a true source of law in a way similar to that of a judge made system. The criticism against codification does not perceive that a more subtle uniformation of law in Europe is happening through these undeclared ways. In this context the Proposal for a Regulation of a common European sales law proves to be a less bad way for a new European law at the moment.

Castronovo, C., Armonizzazione senza codificazione. La penetrazione asfittica del diritto europeo, <<EUROPA E DIRITTO PRIVATO>>, 2013; 2013 (IV): 905-925 [http://hdl.handle.net/10807/54858]

Armonizzazione senza codificazione. La penetrazione asfittica del diritto europeo

Castronovo, Carlo
2013

Abstract

The starting point of this writing is the actual significance of harmonization, which from being the initial model of a European private law, through directives more and more analytical, has become a way of true uniform law. Though it is not for the directives to create a uniform law, whereas this purpose is proper for a source having regard to the discipline of a whole area of private relationships: a code or something similar to that. In transforming a harmonized law in a uniform one in the European Union much has been done by the European Court, which at the same time has come up as a true source of law in a way similar to that of a judge made system. The criticism against codification does not perceive that a more subtle uniformation of law in Europe is happening through these undeclared ways. In this context the Proposal for a Regulation of a common European sales law proves to be a less bad way for a new European law at the moment.
Italiano
Castronovo, C., Armonizzazione senza codificazione. La penetrazione asfittica del diritto europeo, <<EUROPA E DIRITTO PRIVATO>>, 2013; 2013 (IV): 905-925 [http://hdl.handle.net/10807/54858]
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/10807/54858
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact