'Gentes europeas ... eo se iure regi passas esse' : a proposíto de la armonizatión del derecho europeo

Roman law has to form the point of departure for the current efforts to harmonize the European Private Law. The historical-comparative approach is aimed at preparing a scientific base for further legislation. The author aims at confronting the Romanist perspective with the recent achievements of harmonization of law in Europe: the Common European Sales Law (CESL). Its recent success lacks however of a solid scientific foundation and a systematic approach. In reference to the CESL the author observes that it followed the example of the Uniform Commercial Code, drafted by a German, Karl Llewellyn, which rules derive partly from the German Pandektenrecht and in this way indirectly from Roman law.