The Draft Common European Sales Law

Author : Javier Plaza Penadés,Luz M. Martínez Velencoso
Publisher : Springer
Page : 314 pages
File Size : 44,5 Mb
Release : 2014-11-04
Category : Law
ISBN : 9783319104973

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European Perspectives on the Common European Sales Law by Javier Plaza Penadés,Luz M. Martínez Velencoso Pdf

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 : Gerhard Dannemann,Stefan Vogenauer
Publisher : Oxford University Press
Page : 858 pages
File Size : 46,9 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199678907

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The Common European Sales Law in Context by Gerhard Dannemann,Stefan Vogenauer Pdf

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 : Ignace Claeys,Régine Feltkamp
Publisher : Unknown
Page : 0 pages
File Size : 40,5 Mb
Release : 2013
Category : Commercial law
ISBN : 1780681801

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The Draft Common European Sales Law by Ignace Claeys,Régine Feltkamp Pdf

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 : Aurelia Colombi Ciacchi
Publisher : Springer
Page : 295 pages
File Size : 49,6 Mb
Release : 2016-05-18
Category : Law
ISBN : 9783319280745

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Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law by Aurelia Colombi Ciacchi Pdf

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 : Ulrich Magnus
Publisher : Walter de Gruyter
Page : 248 pages
File Size : 50,9 Mb
Release : 2012-08-31
Category : Law
ISBN : 9783866539662

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CISG vs. Regional Sales Law Unification by Ulrich Magnus Pdf

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 : Guido Alpa
Publisher : Unknown
Page : 0 pages
File Size : 55,9 Mb
Release : 2013
Category : Consumer protection
ISBN : 3866532490

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The Proposed Common European Sales Law by Guido Alpa Pdf

The proposal from the European Commission for a Regulation on a Common European Sales Law (CESL) has raised divergent reactions from various parties across Europe. This volume contributes actively to this discussion, offering the lawyers' point of view. The book promotes a debate and an exchange of views among representatives from the European Commission, the European Parliament, and legal practitioners regarding the main legal issues of the CESL. The outcome is a dialogue where general concerns (such as: Do we need a CESL? Can the CESL achieve what it sets out to do? etc.) receive articulate answers considering both theoretical and practical implications of the CESL.

Author : Tim Drygala,Bettina Heiderhoff,Marco Staake,Grzegorz Zmij
Publisher : Walter de Gruyter
Page : 136 pages
File Size : 51,6 Mb
Release : 2012-07-30
Category : Law
ISBN : 9783866539631

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Private Autonomy in Germany and Poland and in the Common European Sales Law by Tim Drygala,Bettina Heiderhoff,Marco Staake,Grzegorz Zmij Pdf

Private autonomy is a fundamental principle of civil law - even more against the background of increasing Europeanisation. How is this principle implemented in the Proposal for a Common European Sales Law (CESL), in German and in Polish Law? Read the informative proceedings of the international conference on "Private Autonomy in Germany, Poland and Europe" held at the University of Leipzig. The topics of the volume range from fundamental aspects, such as the term autonomy as a "legal axiom", to specific issues like the freedom of contract in the CESL and the control of unfair contract terms in business to business transactions.

Author : Bastiaan van Zelst
Publisher : Kluwer Law International B.V.
Page : 294 pages
File Size : 49,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127525

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The Politics of European Sales Law by Bastiaan van Zelst Pdf

"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 : Reiner Schulze
Publisher : Anchor Books
Page : 780 pages
File Size : 49,7 Mb
Release : 2012
Category : Sales
ISBN : 3406634184

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Common European Sales Law (CESL) by Reiner Schulze Pdf

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 : James Devenney,Mel Kenny
Publisher : Cambridge University Press
Page : 351 pages
File Size : 42,8 Mb
Release : 2013-10-24
Category : Law
ISBN : 9781107470989

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The Transformation of European Private Law by James Devenney,Mel Kenny Pdf

This book emanates from a duo-colloquium which explored the Europeanisation of private law in the context of efforts to consolidate the consumer acquis, the Draft Common Frame of Reference, the appointment of an Expert Group on a Common Frame of Reference in the area of European contract law, the passage of the Consumer Rights Directive and the proposed Common European Sales Law. This book, with fully updated contributions, critically reflects on whether the process of Europeanisation, which has shaped private law in the EU Member States, has now reached a significant turning point in its development, a point of punctuated equilibrium. Written by a team of leading authors, the topics covered will be of concern in all European legal systems and beyond.

Author : Nils Jansen,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 2250 pages
File Size : 52,9 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192508003

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Commentaries on European Contract Laws by Nils Jansen,Reinhard Zimmermann Pdf

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.

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 54,8 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Author : Reiner Schulze,Jules Stuyck
Publisher : Walter de Gruyter
Page : 295 pages
File Size : 54,8 Mb
Release : 2011-08-29
Category : Law
ISBN : 9783866539549

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Towards a European Contract Law by Reiner Schulze,Jules Stuyck Pdf

Author : Matthias Lehmann
Publisher : Otto Schmidt/de Gruyter European Law Publishers
Page : 0 pages
File Size : 42,8 Mb
Release : 2015
Category : Law
ISBN : 3866539940

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Common European Sales Law Meets Reality by Matthias Lehmann Pdf

With the Regulation for a Common European Sales Law (CESL) already appearing on the horizon, it is time to consider the practical impact the instrument will have. What are the specific challenges from the point of view of politics, society, the judiciary, and academia? This book tries to answer these important questions. It is addressed to legal practitioners, teachers, researchers and students alike.

Author : Maren Heidemann
Publisher : Springer Science & Business Media
Page : 78 pages
File Size : 47,7 Mb
Release : 2012-02-14
Category : Law
ISBN : 9783642274992

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Does International Trade Need a Doctrine of Transnational Law? by Maren Heidemann Pdf

This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.