Diritto & Internet

Towards a common European sales law

The Italian media does not seem to have devoted sufficient attention to the regulation proposal of the European Parliament and the Council of Europe for a common European sales law.

If the regulation is adopted it will come into force twenty days after publication in the Official Journal of the European Union and is a unified body of contractual rules which would take its place alongside individual national laws.

In other words even if the contractors are of different nationalities, they will have the choice of regulating contractual relationships in the light of this “second regulation” of contract law.

The aim is clearly that of improving the setting up and activity of internal markets by facilitating the expansion of cross-border trade for companies and cross-border purchases for consumers. In this respect, balancing the law can only facilitate the achievement of these objectives.

From a tangible point of view, this regulation contains rules applicable to relationships between professionals and between professionals and consumers. In fact, for the protection of the consumer who is considered the weaker party in the relationship, there are a number of provisions which remind us of familiar regulations in Italian law.

With regard to the Civil Code, the attention given to issues regarding contractual requirements and negotiation procedures (for example, irregularities of consent, resolution, etc..) is commendable.

In addition to this, good faith and fair dealing are quoted in the definitions and are the broad guiding principles of the entire system of the discipline.

Last but not least, there is the definition of digital provision contracts, including those for “information produced and provided in a digital format, which can satisfy consumer requests, including audio or video recordings, digital images or written content, digital games, software and digital content which permits the customization of existing hardware or software.”

 

Annarita Ricci

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Scientific Director
Prof. Avv. Giusella Finocchiaro
Editorial Curator
Dott. Giulia Giapponesi