The European judical harmonization of contractual law. Observations on the German regulations, “Europeanization” of the BGB

This contribution intends to delineate the position assumed in Germany by the institutions and by the legal agents regarding the legal instruments which should be adopted by the European Union in order to realize the unification of European contractual law. In particular, we will analyse the opinions expressed in Germany by the various agents involved regarding the Communication of the European Community of 11 July 2001, with which the Commission opened the debate about the “European contractual law”, involving the European Parliament, the Council, the enterprises, the legal agents, the academic arena, and the consumer associations. Attention is focused specifically upon German Laws due to the relative success, in respect to other European Union States, of Germany in conforming its domestic law to that of the communal norms, putting into practice a greater degree of “Europeanization” in the domestic private of law, in particular in the Schuldrechtsreform of the year 2002