Uniform Interpretation of the 1980 Uniform Sales Law
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Description
The origin of the industrialized nations' necessity to comply with a specific economic policy designed to “transcend national borders in order to maximize the utilization of the resources” originated from the consequences of the Industrial Revolution and, more specifically, from the over-production due to the ensuing industrial growth. This economic policy “required a correspondent legislative policy able to regulate the economic relationships: this policy, not unlike the economic policy, had to cross national borders.” It is for this reason that since the end of the last century and with increasing intensity since the beginning of this century, efforts have been made to “create an internationally uniform discipline for cases linked to a plurality of countries.” By doing so, one intended to overcome the nationality of law, both private and commercial, which originated from the emergence of national states in Europe and from the enactment of the first codes (such as the Scandinavian codes, the French code and the Austrian code). The enactment of these codes infringed upon the transnational character of the law previously in force which constituted a real lex universalis: the so-called lex mercatoria. This consisted of a practical body of law grounded in usages whose particularity consisted in having been created by the merchants' courts in order to solve problems related to commerce. It is to the creation of a similar law, a droit corporatif international, that both economists and legal scholars direct their efforts. One assists, in other words, in the creation of a “new law merchant” in order to overcome what has been defined as “anarchy upon which international relationships are based.” Such a law would overcome the nationality of the law which constitutes “an obstacle to economic relationships which constantly increase among citizens of different countries; an obstacle above all for the enterprises that are involved in international commerce and that acquire primary resources or distribute goods in different countries which all have different law.”
Source Publication
Essays on European Law and Israel
Source Editors/Authors
Alfredo Mordechai Rabello
Publication Date
1996
Recommended Citation
Ferrari, Franco, "Uniform Interpretation of the 1980 Uniform Sales Law" (1996). Faculty Chapters. 604.
https://gretchen.law.nyu.edu/fac-chapt/604
