La armonización del Derecho contractual europeo a la luz de las comunicaciones de la comisión sobre Derecho contractual europeo y sobre un Derecho contractual europeo más coherente - Plan de acción
The author analyzes two documents elaborated by the Commission of the European Communities, in order to explore the debate on a possible harmonization of the European Contractual Law. One of the main aims of the European Union is to improve its internal market, which assures the free movement of goo...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Bernardo O'Higgins
2010
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3262943 |
| Source: | Ars Boni et Aequi, ISSN 0719-2568, null 6, Nº. 2, 2010, pags. 39-70 |
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| Summary: |
The author analyzes two documents elaborated by the
Commission of the European Communities, in order to explore the
debate on a possible harmonization of the European Contractual
Law. One of the main aims of the European Union is to improve its
internal market, which assures the free movement of goods, people,
services and capitals; nevertheless, exchange of goods and services
is ruled by contracts, thus there is a risk of malfunction of the market
derived from problems with celebration and execution of the
agreements. Usually, the national systems establish the autonomy
of will as an essential principle of the contractual law, but each
agreement is regulated by norms and judicial decisions of a particular
State Member. Therefore, the diverse juridical national systems,
at fi srt, are not problematic, since the parts are the ones who
choose the applicable regulation to the contract; although, confl icts
may arise between the imperative norms of a certain State Member
and the contradictory imperative norms of another national regulation.
These confl icts, undoubtedly, can infl uence negatively in the
cross-border transactions. Above mentioned confl icts might tend to
dissapear as the discussion of the harmonization of the European
Contractual Law progresses. |
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