The most striking development in private law over the past decade is undoubtedly its Europeanization. The desire to achieve a European private law has, apart from the long existing Directives, resulted in an avalanche of scholarly publications, 1 a dozen or so new journals, 2 strong political stands by the various national and international organs and texts which are intended to serve as a first step towards a European ius commune of private law. If the tone set in these writings were all to go on, we would be inclined to think that the realization of a European private law is just a matter of rules or principles drafted by designated committees or institutes. No longer the question as to whether a European private law is desirable, or even as to how such a law can be achieved, but rather the question as to when it will be realized, seems to prevail in many publications.

In this article, the desirability of a European private law is assumed. Its practical significance is evident: as a justification, it has been pointed out that if a proper internal European market is to be created, a uniform private law is a prerequisite. 3 This purely economic motive is usually exemplified by the situations in Italy and Germany in 1866