Bases juridiques dans la perspective d’une codification européenne du droit des contrats
Legal basis for codification European contract law

Summary/Abstract: Careful and consistent concern of the European institutions on contract law "codification" showsthat this approach is about to leave the sphere of purely academic speculations, to reach the one of positiveaccomplishments. Obviously, however, each intervention of the European authorities requires a precise legalbasis for validity. Yet, it must be pointed out that the treaties do not confer the Union direct jurisdiction incontractual matters and, therefore, those texts that would enable the Union to exercise indirect influence onnational legislations should be found. On 11/10/2011, the European Commission presented a Proposal for aRegulation to the European Parliament and the Council on a Common European Sales Law, which is indeedshown as based on Article 114 of the Treaty on the Functioning of the European Union, on harmonizationand approximation of legislation for the establishment of the internal market.

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