期刊名称：Collected Papers of the Law Faculty of the University of Rijeka
印刷版ISSN：1330-349X
电子版ISSN：1846-8314
出版年度：2012
卷号：33
期号：2
页码：695-745
语种：Croatian
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：The approximation of regulations of EU Member States’ contract laws represents one of the most efficient means for the establishment and strengthening of the single internal market. However, the shortcomings in the approach of the European legislator to the harmonisation of the EU Member States’ contract law resulted in numerous problems that led to the alienation from the mentioned goal. Therefore, at the EU level efforts are made to develop a new and more acceptable approach to harmonisation, which are accompanied not only by numerous communications of the Commission, resolutions of the European Parliament and projects aimed at consolidation and harmonisation, but also by attempts of contract law codification. The latter activities encompass the development from the first Resolution of the European Parliament of 1989, over Lando principles, the revision of the existing acquis in the field of consumer protection law, CFR, Directive 2011/83/EU on consumer rights to the Commission's Proposal for a Regulation on a Common European Sales Law (CESL). Since the adoption of the Regulation would undoubtedly significantly influence the development of the European contract law, the author tries to determine its main advantages and disadvantages by analysing key provisions of the proposed optional instrument.
关键词：European private law; European contract law; approximation; internal market; Common European Sales Law; CESL; CISG; Directive 2011/83/EU.
