The private law enacted by the European Community is characterised by peacemeal legislation and in outright contrast with the comprehensive and systematic perception of private law prevailing both on the European continent and in the common law jurisdictions. Tensions get stronger, and a general shift of opinion indicates that the harmonisation efforts of the Community should try to encompass larger areas of the law. The article advocates a Community codification of the law of contracts including the ancillary matters in the law of obligations, while the law of real property, succession and domestic relations should remain within the primary competence of the Member States. The new structure could be created in the form of a regulation on the basis of the existing Community competences. The Member States would be entitled to duplicate the Community Contracts Regulation within the framework of their national laws such as to maintain the uniform structure of the national civil codes. A legislative procedure consisting of three phases is suggested to conduct to the eventual taking of effect of the Community Contracts Regulation after 20 or 30 years.
European Review of Private Law