论文部分内容阅读
2009年制定并公布的《欧洲示范民法典草案》是促成《欧洲共同买卖法草案》产生的前提和基础。尽管《欧洲示范民法典草案》公布后引发学术界的广泛批评,欧洲权威机构也同样对此持谨慎态度,然而,在欧盟范围内为协调各成员国传统私法的努力并未中止,《欧洲共同买卖法草案》即是明证。《欧洲共同买卖法草案》旨在突破欧洲跨境经济活动现有瓶颈,减少交易成本,充分开发内部市场潜力,为买卖合同领域的当事人提供受统一的合同法规则约束的可能性。本文首先介绍《欧洲示范民法典草案》,它为《欧洲共同买卖法草案》奠定了重要的基础,其次分析《欧洲共同买卖法草案》的产生背景并阐述其目标、范围及内容,最后对《欧洲共同买卖法草案》规则提案与欧洲法律传统之间的关系进行举例说明并作一般性评论。
The draft European Model Code of Civil Code, formulated and promulgated in 2009, is the precondition and foundation for the creation of the draft European Common Market Law. Although the publication of the “European Model Code of Civil Code” has aroused widespread criticism in academia, the European authorities are equally cautious about this. However, efforts to harmonize the traditional private law of member states within the European Union have not stopped. “The common European The draft law is proof. The draft European Common Sale and Purchase Law aims at breaking through the existing bottlenecks in cross-border economic activities in Europe, reducing transaction costs, fully exploiting the potential of the internal market and offering the parties involved in the sale and purchase contracts the possibility of being bound by a uniform law of contract law. This article first introduces the draft European Civil Code of Provisions, which laid an important foundation for the draft ”European Common Sale and Purchase Act,“ followed by the analysis of the background of the ”European Common Sale and Purchase Law“ and its objectives, scope and content, and finally ” The relationship between the proposal for a draft European Common Sale and Purchase Act and the European legal tradition is exemplified and general comments made.