Search

Copyright of Revista de Derecho UNED is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article presents a comparative study which analyses and compares the characteristics of the Vienna Convention on International Sales of Goods (CISG), harmonized contract law, Proposal on the Common European Sales Law (CESL) in business to business (B2B) relations and the classical private international law rules, especially Regulation Rome I. The study evaluates the contract law regime within the national laws of European Union (EU) Member States.

The article discusses the Roman law of sale. It identifies the two concepts of Roman law of sales which are the generic and barter sale. It notes that in generic sale, sellers are obliged to deliver goods that answer to a certain description from consumers. It concludes that the identification of the contract of sale is a key achievement of Roman judges.

The article focuses on the elements of subjective and objective criterion on the Roman concepts and postulates of conditional contracts. It explores the definitions of the conditions covered in the Roman sale and on additional agreements linking appointed occurrence and performance of contractual party. Moreover, the prevention of individual intention in the conditional contracts and the additional elements of the contract are presented.