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.
General
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