Proposal for a European Modification of the Contract of Sale Cover Image

Návrh evropské úpravy smlouvy o prodeji
Proposal for a European Modification of the Contract of Sale

Author(s): Jiří Novotný
Subject(s): Civil Law, EU-Legislation
Published by: Vysoká škola finanční a správní, a.s.
Keywords: DCFR; EU; European sales legislation; harmonization of civil law; contract

Summary/Abstract: One of the basic features of European economic integration is the creation of an internal market, which, according to the founding treaties, includes an internal market of an area without internal borders, in which the free movement of goods, people, services and capital is ensured. According to the Treaty on the Functioning of the EU, the Union adopts measures designed to ensure the functioning of the internal market in accordance with the relevant provisions of its founding treaties. One of these measures is measures to approximate the provisions of the legal and administrative regulations of the Member States in order to achieve the right balance between achieving a high level of consumer protection and promoting the competitiveness of businesses. An example of such a measure can be the proposal for a regulation of the European Parliament and the Council on common European sales legislation, through which the Union intended to improve the conditions for the creation and functioning of the internal market by providing a uniform set of contractual rules. These rules were proposed by the Union to apply to cross-border transactions related to the sale of goods, the supply of digital content and the provision of related services. However, in 2020, the Commission withdrew the proposal for a regulation on common European sales legislation from consideration in the European Parliament. The following article deals with some specific rules of the common European legislation on sales, as well as the reasons why the proposal for a regulation was subsequently withdrawn from consideration by the Commission in 2016.

  • Issue Year: 9/2024
  • Issue No: 2
  • Page Range: 227-240
  • Page Count: 14
  • Language: Czech
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