private law. If this line of reasoning is correct, the systematic organization of private law, which is mainly based on autonomy of the indiduals, is not affected by such rules The argument that the pretensions to create a european private law have so far not gone beyond drafting rules of a more technical nature because the traditional system is not affected by them, can however not be maintained This brings us to the second way of establishing a European private law Secondly, more recently the idea has gained ground that a comprehensive resolutions,in 1989 and in 1994 10 calling for unification of private law in the ar optec European Civil Code(ECC)is feasible. The European Parliament has adopted major importance to the development of an internal market. As early as 1980, the Lando Commission, with financial support from the European Commission, has started the framing of the 'Principles of European Contract Law. The argument in favour of drafting these Principles, that thus the existing and future directives are provided with frameworkCa common legal environment), must however be taken with a grain of salt after what has been said earlier. The true underlying reason is, of course, that unification is conducive to trade. The first article of the lando principles states for that matter that they are meant as general principles of contract law in the EU, that they will be applied where parties so agree, and may be applied as an elaboration of the lex mercatoria or where the parties have not made a choice of law or where the applicable aw does not offer a solution The Principles possess, therefore, the status of soft law. This is not saying much the term soft law is a blanket term for all sorts of rules which are not enforced on behalf of the state, but are seen, for example, as goals to be achieved. The precise Iples Is ccording to the purpose is rather modest, but in the majority of the now ample literature the Principles are treated as if they were a legal system, on an equal level with national law developed over centuries, which is capable by itself of resolving disputes. The solution offered by national law is in that case compared with the one provided by the principles, although any applicable case law, based on the Principles, is still lacking. I do not shy away from defending the position that in the past few years, perhaps unconsciously, ideas on European codification have taken a u-turn. Initially, the project of drafting Principles was seen as useful, be it without much practical value. Today, the Principles are considered by many authors as the forerunner of a European Civil Code, which will be not soft law, but a binding instrument imposed by the competent institutes of the See the discussion presented in Franz Bydlinski, System und Prinzipien des privatrechts, (Wien, 1996), 718 ff. This is borne out by the fact that problems arise precisely in less consumer-oriented product liability regimes. Resolution on Action to Bring into Line the Private Law of the Member States, O.J. EC 1989 C158/400 1o Resolution on the Harmonization of Certain Sectors of the Private Law of the Member States O.J.EC1994C205/518 Lando, op. cit, at 265. Significantly, in the comments accompanying the Lando-draft directives are seldom cited Lando/ Beale(eds ) Principles of European Contract La, Part 1, (Dordrecht, 1995) See Petar Sar evi, Unification and'Soft Law, in Conflicts et harmonisation(Melanges Von Overbeek),(Fribourg. 1990),91 Error! bookmark not definedError! Bookmark not defined. private law.8 If this line of reasoning is correct, the systematic organization of private law, which is mainly based on autonomy of the indiduals, is not affected by such rules. The argument that the pretensions to create a European private law have so far not gone beyond drafting rules of a more technical nature, because the traditional system is not affected by them, can however not be maintained. This brings us to the second way of establishing a European private law. Secondly, more recently the idea has gained ground that a comprehensive European Civil Code (ECC) is feasible. The European Parliament has adopted resolutions, in 19899 and in 1994,10 calling for unification of private law in the areas of major importance to the development of an internal market. As early as 1980, the Lando Commission, with financial support from the European Commission, has started the framing of the `Principles of European Contract Law.' The argument in favour of drafting these Principles, that thus the existing and future directives are provided with framework (`a common legal environment'), must however be taken with a grain of salt after what has been said earlier.11 The true underlying reason is, of course, that unification is conducive to trade. The first article of the `Lando Principles'12 states for that matter that they are meant as general principles of contract law in the EU, that they will be applied where parties so agree, and may be applied as an elaboration of the lex mercatoria or where the parties have not made a choice of law or where the applicable law does not offer a solution. The Principles possess, therefore, the status of `soft law'. This is not saying much: the term `soft law' is a blanket term for all sorts of rules, which are not enforced on behalf of the state, but are seen, for example, as goals to be achieved.13 The precise nature of the Lando Principles is not very clear. According to the Preamble, their purpose is rather modest, but in the majority of the now ample literature the Principles are treated as if they were a legal system, on an equal level with national law developed over centuries, which is capable by itself of resolving disputes. The solution offered by national law is in that case compared with the one provided by the Principles, although any applicable case law, based on the Principles, is still lacking. I do not shy away from defending the position that in the past few years, perhaps unconsciously, ideas on a European codification have taken a u-turn. Initially, the project of drafting Principles was seen as useful, be it without much practical value. Today, the Principles are considered by many authors as the forerunner of a European Civil Code, which will be not soft law, but a binding instrument imposed by the competent institutes of the 8 See the discussion presented in Franz Bydlinski, System und Prinzipien des Privatrechts, (Wien, 1996), 718 ff. This is borne out by the fact that problems arise precisely in less consumer-oriented product liability regimes. 9 Resolution on Action to Bring into Line the Private Law of the Member States, O.J. EC 1989 C 158/400. 10 Resolution on the Harmonization of Certain Sectors of the Private Law of the Member States, O.J. EC 1994 C 205/518. 11 Lando, op. cit., at 265. Significantly, in the comments accompanying the Lando-draft directives are seldom cited. 12 Lando/Beale (eds.), Principles of European Contract Law, Part 1, (Dordrecht, 1995). 13 See Petar Šar_evi_, Unification and `Soft Law', in Conflicts et harmonisation (Mélanges Von Overbeek), (Fribourg, 1990), 91