The University of Granada publishes a book on “Europe and the new limits of private autonomy”

The unification of European contractual law has just started. However, the legislation from the Union influences deeply the internal laws of the member states, as undoubtedly Law is an instrument to favour determinate changes and protect certain interests.

The volume “Europe and the new limits of private autonomy” just published by the University de Granada, edited by Professor Juan Miguel Osorio Serrano, of the department of Civil Law of the University of Granada, develops these and other premises.

The volume includes the interventions of the Integrated Action Programme held between the departments of Civil Law of the University of Granada and the Italian University Roma Tre on the incidence of the future unification of European Law as regards contracts of the principle of private autonomy.

According to Francisco Javier Sánchez Calero, author of the preface of this volume, in the last years there has been an intensification of the conviction of the need of making European Contractual Law uniform. “The constant increase of legal relations – he says – between the different citizens of the states of the European Union requires a higher level of harmonization and homogeneity in the regulation of the different juridical institutions and the legal protection rules”.

In addition, a unified system involves an important saving for companies and consumers linked by a contract as regards transaction and legal studies charges on the full efficacy of the contractual provisions in the different states of the European Union.

It is therefore evident – Francisco Javier Sánchez Calero says – that the juridical harmonization of national regulations is the necessary premise for the good working of the market and the economical progress represented by the Monetary Union. Definitely, a unified system would provide numerous advantages for the benefits of the ordering and systematization of the subject and the high degree of certainty and legal security it would add to the contractual relations in the Union. It seems to be an unavoidable reality that sooner or later more or less detailed and compulsory rules will come into force to make the interchanges between the member states of the European Union easier”.

Internal regulations of the member states often respond in a different way to the rules issued by Europe, so that sometimes, the efforts in favour of the harmonization produce new divergences. Therefore, it is evident that a previous assumption for the wanted contractual European unification to be the harmonization of the concepts of contractual Law.

Reference
Professor Juan Miguel Osorio Serrano.
Department of Civil Law.
University of Granada.
Phone number: 958 243406 y 958 243412.
Correo e.: jossorio@ugr.es