Equivoci e concettualismi nel diritto europeo dei contratti: il dibattito sulla vendita dei beni di consumo

This essay deals with some of the methodological problems arising from legal thinking in the Roman law system and from the debate on European private law, in particular insofar as it derives from Community law. The reader is offered some tools for a better understanding of the choice between codification and restatement in the search for convergence in European law, two alternatives resulting from a continuous horizontal and vertical monitoring of Community law. The essay goes on to analyse the sale of consumer goods regime, without doubt one of the areas in which EU law has had the greatest impact on the law of individual member States. The study critically examines the two opposing strains of Italian legal theory: respectively the doctrines of guarantee and responsability. Finally, there is a consideration of the classic issue of the relation between enforced performance and the award of damages for breach.