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The Common European Sales Law in Context - Interactions with English and German Law (Hardcover)
Loot Price: R9,560
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The Common European Sales Law in Context - Interactions with English and German Law (Hardcover)
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European Contract Law unification projects have recently advanced
from the Draft Common Frame of Reference (2009) to a European
Commission proposal for an optional Common European Sales Law
(2011) which is to facilitate cross-border marketing. This book
investigates for the first time how CESL and DCFR rules would
interact with various aspects of domestic law, represented by
English and German law. Nineteen chapters, co-authored by British
and German scholars, examine such interface issues for eg
pre-contractual relationships, notions of contract, formation,
interpretation, and remedies, extending to non-discrimination,
third parties, transfers or rights, aspects of property law, and
collective proceedings. They go beyond a critical analysis of CESL
and DCFR rules by demonstrating where and how CESL rules would
interact with neighbouring areas of English and German law before
English and German courts, how domestic traditions might influence
the application, which aspects might motivate sellers and buyers to
choose or reject CESL, and which might serve as model for national
legislators. The findings are summarized in the final two chapters.
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