L'UNIFORMAZIONE DEL DIRITTO CONTRATTUALE EUROPEO E LE TRATTATIVE PRECONTRATTUALI

Abstract

The European scenario has been characterized lately by a systematical harmonization of contract law. The EU Institutions consider the development of a common European contract law as a strategic priority; it could enhance the viability of the EU internal market by facilitating cross-border trade. The thesis analyses the development of the projects that aim at a uniform European contract law, from the specific perspective of liability for breaking off negotiations. After a comparative analysis of the liability for breaking off negotiations in the main European legal systems and in European case law and legislation, the thesis takes into consideration the solution proposed by the instruments for uniform European contract law: the proposal for a Regulation establishing the “Common European Sales Law” (CESL), the Draft Common Frame of Reference (DCFR), the Principles of European Contract Law (PECL) and the Acquis Principles (ACQP). Attention is paid also to the parallel experience of the international instruments of uniform contract law: the Vienna Convention for international sales law and the Unidroit Principles.