ABSTRACT: This article deals with the relationships between European private law and the CISG in the sense of beeing its contribution the most efficient to the aim of the harmonization of the contracts law, making easier the development of the Common Market, in a more effective way than another unification instruments, such as Unidroit Principles and the Code Européen des Contrats. Starting from the analysis of the obstacles for the uniformization of contracts rules in the European space (the pluralism of legal systems and the different languages of Law), as well the author demonstrates that the CISG would be the ideal tool to harmonize the different conceptions of contract law in effect into the European Union. Indeed, after almost thirty years of its publication, the CISG has had a remarkable sucess, beeing adopted by 72 countries. Nevertheless, not everything is perfect on its path, because its article 7 determines that the Convention will have an uniform interpretation, an aim that is very hard to be reached, due to the existence of many obstacles, as pointed above. Based on the lessons of some masters, like Claude Witz and Pierre Yves Gauthier, the author suggests the adoption of the article 7 of the CISG as a support to the rule of the facultative precedent . In addition, again the author agrees once again with M. Witz and Gauthier, that it will be necessary to create International and Regions Courts, in order to obtain an effective uniform interpretation of the CISG rules.
Revista Brasileira de Arbitragem