Contents And Effects Of Contracts-lessons To Learn From The Common European Sales Law (studies In European Economic Law And Regulation)
by Aurelia Colombi Ciacchi /
2016 / English / PDF
6 MB Download
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.
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.
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.
