Armonizzazione senza codificazione. La penetrazione asfittica del diritto europeo

The starting point of this writing is the actual significance of harmonization, which from being the initial model of a European private law, through directives more and more analytical, has become a way of true uniform law. Though it is not for the directives to create a uniform law, whereas this purpose is proper for a source having regard to the discipline of a whole area of private relationships: a code or something similar to that. In transforming a harmonized law in a uniform one in the European Union much has been done by the European Court, which at the same time has come up as a true source of law in a way similar to that of a judge made system. The criticism against codification does not perceive that a more subtle uniformation of law in Europe is happening through these undeclared ways. In this context the Proposal for a Regulation of a common European sales law proves to be a less bad way for a new European law at the moment.