Author : Gerhard Dannemann
Publisher : Oxford University Press
Page : 858 pages
File Size : 44,94 MB
Release : 2013-03-21
Category : Business & Economics
ISBN : 0199678901
The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.
Author : Javier Plaza Penadés
Publisher : Springer
Page : 314 pages
File Size : 31,33 MB
Release : 2014-11-04
Category : Law
ISBN : 3319104977
This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.
Author : Aurelia Colombi Ciacchi
Publisher : Springer
Page : 301 pages
File Size : 48,41 MB
Release : 2016-05-18
Category : Law
ISBN : 3319280740
This book presents a critical analysis of the rules on the contents and effects of contracts included in the proposal for a Common European Sales Law (CESL). The European Commission published this proposal in October 2011 and then withdrew it in December 2014, notwithstanding the support the proposal had received from the European Parliament in February 2014. On 6 May 2015, in its Communication ‘A Digital Single Market Strategy for Europe’, the Commission expressed its intention to “make an amended legislative proposal (...) further harmonising the main rights and obligations of the parties to a sales contract”. The critical comments and suggestions contained in this book, to be understood as lessons to learn from the CESL, intend to help not only the Commission but also other national and supranational actors, both public and private (including courts, lawyers, stakeholders, contract parties, academics and students) in dealing with present and future European and national instruments in the field of contract law. The book is structured into two parts. The first part contains five essays exploring the origin, the ambitions and the possible future role of the CESL and its rules on the contents and effects of contracts. The second part contains specific comments to each of the model rules on the contents and effects of contracts laid down in Chapter 7 CESL (Art. 66-78). Together, the essays and comments in this volume contribute to answering the question of whether and to what extent rules such as those laid down in Art. 66-78 CESL could improve or worsen the position of consumers and businesses in comparison to the correspondent provisions of national contract law. The volume adopts a comparative perspective focusing mainly, but not exclusively, on German and Dutch law.
Author : Reinhard Zimmermann
Publisher :
Page : 18 pages
File Size : 42,49 MB
Release : 2016
Category :
ISBN :
The present essay continues a line of research commenced elsewhere in that it analyses two rules contained in the Chapter on "Damages and Interest" in the Draft Common European Sales Law (CESL) in comparative and historical perspective. Even though the CESL has now been withdrawn, it still constitutes the last of several different "layers" of European and international instruments aiming at the harmonization of contract law and thus deserves to be scrutinized critically. The two rules deal with "Substitute transaction" and "Current price" (Art. 164 and 165). In addition, the essay deals with a third rule ("Currency in which damages may be claimed"), which is contained in previous layers of text, but has not been adopted into the CESL. The path of each of these rules is followed through the various instruments, and it is attempted to assess their specific profile by drawing attention to the national experiences and the comparative legal literature. A revision is suggested both as far as Art. 164 and 165 are concerned.
Author : Ulrich Magnus
Publisher : Walter de Gruyter
Page : 248 pages
File Size : 18,87 MB
Release : 2012-08-31
Category : Law
ISBN : 3866539665
In October 2011, the European Commission introduced its Proposal for a Regulation on a Common European Sales Law (CESL) which covers inter alia international business sales – a subject already regulated by the Convention of International Sale of Goods (CISG) which was ratified by 78 member states. How does this new Proposal fit the existing uniform sales law? How have other regions of the world managed the coexistence of global and regional sales law unification? What can Europe learn from the U.S. experience concerning the CISG and the Uniform Commercial Code? What can we learn from the African OHADA which made CISG more or less the internal law of 17 African states, what from Australia where CISG and common law exist alongside? All these questions are intensely discussed in this highly recommendable book written by renowned authors like Larry DiMatteo, Harry Flechtner, Franco Ferrari, Robert Koch, Ulrich Magnus and Bruno Zeller.
Author : Reiner Schulze
Publisher : Anchor Books
Page : 780 pages
File Size : 50,39 MB
Release : 2012
Category : Sales
ISBN : 9783406634185
The emergence of European Contract Law as a field of enquiry has been matched by a burgeoning literature. This includes textbooks, casebooks, monographs and commentaries as well as at least one journal and huge number of journal articles. As the field has matured, so has its elaboration and analysis by scholars, though it remains a field replete with contested viewpoints and many controversies. This new work by one of Germany's most well-known and respected private law scholars, seeks to present a complete and coherent view of the subject from the perspective of the jurisdiction which has arguably had more responsibility than any other for influencing the shape and content of European contract law
Author : Maren Heidemann
Publisher :
Page : 27 pages
File Size : 24,30 MB
Release : 2016
Category :
ISBN :
This paper examines the choice of law provisions in the proposed Common European Sales Law, COM (2011) 635 final. It critically analyses the chosen method and wording of the instrument taking recourse also to the recent ELI statement and submits that some of its declared objectives may not be achieved in its current form. The author highlights contradictory effects of the rules relating to Art 6 of the Rome I Regulation and the effect of the choice of law rules on consumers. The context of EU law and wider international trade between EU and non-EU traders and consumers is explained by analyzing object and objectives of the CESL and the CISG in comparison. The author suggests a method of deriving a legal basis for choosing the CESL directly as governing law of the contract based on object and purposes of the legal instrument and concludes by recommending to redraft the CESL as a truly uniform source accompanied by law reform in the private international law sector rather than insisting on the status quo in current European choice of law legislation.
Author : Bastiaan van Zelst
Publisher : Kluwer Law International B.V.
Page : 294 pages
File Size : 13,86 MB
Release : 2008-01-01
Category : Law
ISBN : 9041127526
"A legal-political inquiry into the drafting of the uniform commercial code, the Vienna Sales Convention, the Dutch civil code and the European consumer sales directive in the context of the Europeanization of contract law."--T.p.
Author : Ignace Claeys
Publisher :
Page : 0 pages
File Size : 15,32 MB
Release : 2013
Category : Commercial law
ISBN : 9781780681801
The EU Member States' sales law and related areas are on the verge of a major change. With the 186 articles of the Common European Sales Law (CESL), the Commission proposes an optional legal framework that covers the entire lifecycle of sales contracts and contracts for the supply of digital content, as well as related services. Although the aim is to govern these contracts without regard to other national rules of law, several aspects are not addressed and will continue to be governed by national rules. These national rules will also continue to apply if the parties decide not to submit their transactions to the CESL. Understanding the potential impact and usefulness of the CESL requires insight into its content, the relationship between the CESL and the other applicable national rules, and a critical analysis of its advantages and disadvantages. This book is the first to delve deeply into the content of the CESL and to analyze it from a Belgian law perspective.
Author : Nils Jansen
Publisher : Oxford University Press
Page : 2379 pages
File Size : 33,19 MB
Release : 2018-07-12
Category : Law
ISBN : 0192508008
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
