Codification of private law : The European perspective

Basedow, Jürgen (2024) Codification of private law : The European perspective. In: Codification of Civil Law: Assessment, Reforms, Options. Legal Heritage . Central European Academic Publishing, Miskolc–Budapest, pp. 37-64. ISBN 978-615-6474-72-8 ISBN (epub) 978-615-6474-73-5 (pdf) 978-615-6474-74-2

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Abstract

Although the initiative for a common European Sales Law ended in failure, it appears that the, the rejection of the European Commission’s proposal has not signalled categorical refusal. Considering the possibility of a broader harmonisation, it is only appropriate that the still unresolved question of a comprehensive body of rules on private law should be addressed. In this chapter, first, the forces driving codification and their potential significance in the European Union are explored, concluding that economic integration and accessibility of EU law are the relevant factors in the European context. Subsequently, a number of particular acts and cases are examined to show how the absence of a more comprehensive foundation of private law impedes the uniform application and interpretation of specific legislative acts of the Union. Describing the system-building function of general rules as well as their influence on legal education, the chapter emphasises the growing need for a set of general rules on private law that can offer guidance amidst the piecemeal legislation of the European Union. The chapter argues for a body of basic private law rules that is based on the authority of the European legislature and that would provide orientation as well as a common ground for legal education across Europe.

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