Beschreibung:
<jats:p>In the political context, the Communication from the Commission lies at the intersection of three converging tendencies of development: the ambitions on the part of the European Parliament concerning the harmonization of Private Law; the increasing amount of academic preparatory work; and the impetus provided by the European Council in Tampere. The underlying question of the Communication is whether — in the light of the current degree of harmonization of European Contract LAw — there are still problems despite, or due to, the selective approach to harmonization that might call for a new approach. Areas where problems could occur concern the proper functioning of the Internal Market and the uniform application of Community law. The Communication raises four options for discussion. First, the solution is left to the market. The second option envisages the development of common principles that can be used as non-binding guidelines for contracting parties, national courts, arbitrators, and national legislators. The third option consists of revising the existing acquis communautaire. The fourth option devises the adoption of a new instrument at the EC level, where three criteria can be combined: the nature of the act to be adopted, the relationship with national law, and applicability by way of choice of law or automatically.</jats:p>