유럽 매매법의 통일화

The Harmonization and the Unification of European Sales Law

The laws of the Member States of the European Union concerning the sale of goods are somewhat disparate. Since the internal market comprises an area without internal frontiers in which free movement of goods has to be guaranteed, harmonization of these laws is needed. For this reason, the European Parliament and the Council have agreed on the Directive 1999/ 44/EC on certain aspects of the sale of consumer goods and associated guarantees. Directives of the EC are based on the method of fixing binding master rules for the national system. The Member States have implemented the Sales Directive into their national legislations, in various Style. However, in principle, the directly applicable private law rules remain national in their legal character. Hence the result of a directive is harmonization of national laws rather than supranational unification. The Sales Directive is largely on the UN convention on contracts for the international sale of goods(CISG). Especially in the context of non-conformity, the provisions seem very similar. However, A few differences can be mentioned. The provisions in the Directive give a very high level of protection to the buyer, whereas the CISG, and also the case law which is based on the CISG, seem to afford more protection to the seller. Many European Scholars have the opinion, that the existing instruments of sales law, the Sales Directive and CISG do not amount to the establishment of a European Sales law. The Study Group on a European Civil Code worked carrying out comparative research on sales contracts, aiming to produce a codified set of Principles of European Patrimonial Law. Because of importance for arriving at a possible future European Sales Law, they are based on the acquis communautaire, the Principles of European Contract Law, CISG and national legislation. The set of principles on European sales law will be an academic answer to the ongoing process relating to the EU-wide harmonization of contract law. They could be a model law for further comparative and legislative activities within European contract law. The Principles of European Sales Law may serve as an optional instrument in cross-border transactions, allowing the parties to simply refer to this instrument as the applicable law.