The Vienna Convention (CISG) as a post-modern European sales law code
Promovendus: Mw. C. Pasquale
Promotores: Prof.Dr. J.M. Smits, Mw. Dr. N. Kornet
Duur: 1/9/2016 - 30/6/2020
The present research is aimed at investigating the role assumed by the CISG in European Private Law, after the recent withdrawal of the EU Regulation Draft on a Common European Sales Law1. The CISG, despite its several gaps, indeed continues to exercise a strong, cultural leadership, both as a source of the rules of international trade and as a creator of case-laws. For these reasons, the abovementioned Convention might be used as a role model in order to draw up a European sales law code. The research might therefore develop trying to verify the accuracy of this assumption, also investigating which issues could be interpreted in a more uniform, albeit regionalised, way, with the aim of promoting the harmonization of the sales law in Europe. Based on these statements, the structure of the research will be carried out in two phases: the first part will be aimed at reaching a deeper understanding of the main methodological problems in the application of the CISG and at identifying at least one substantial issue that need to be addressed; a second part concerning the search of a solution for the implementation of such substantial problem, in an effort to find a European interpretation that fills the gap. The substantial issues that deserve to be investigated, therefore, are the ones which are governed but not expressly settled by the Convention: for these matters, the CISG provides for a gap-filling method through general principles that requires an interpretative effort and sometimes lead judges and practitioners to an uneven interpretation.