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Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law (Hardcover, 1st ed. 2016)
Loot Price: R3,698
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Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law (Hardcover, 1st ed. 2016)
Series: Studies in European Economic Law and Regulation, 7
Expected to ship within 12 - 19 working days
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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.
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