A Critique of the Compression

In this area of liberal thought, there are those in favour of the natural evolutions of systems, as a solution to the most critical situations that derive from the applications of directives and the preservation of domestic principles that are by now out of date. Competition between legal systems, updating national systems on the basis of uniform rules set down by some sectors, such as that of international sales, imitating or transplanting principles worked out ab externo in order to render law uniform, would also be factors that came closer to national rules and would not require incentives or impositions from the Community legislator.

An attempt has been made to answer all these arguments in various works in favour of a ‘model code’ of European contract law: in other words, a harmonization of regulations in European transnational contractual relationships would, in my opinion, bring far greater advantages that the disadvantages outlined above.