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.
Les mer
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.
Les mer
1. Introduction ; 2. Choice of CESL and Conflict of Laws ; 3. Drafting and Interpretation ; 4. Conceptions of Contract ; 5. Non-Discrimination and the 'Constitutionalization' of Contract Law ; 6. Language of Information, Contract, and Communication ; 7. Pre-Contractual Duties ; 8. Conclusion of Contract ; 9. The Right of Withdrawal ; 10. Interpretation of Contracts ; 11. Defects in Consent: Mistake, Fraud, Coercion, Threats, Unfair Exploitation ; 12. Control of Standard Contract Terms ; 13. 'Representation' ; 14. Contract Terms in Favour of Third Parties ; 15. Transfer of Rights and Obligations ; 16. Supervening Events ; 17. Obligations of Sellers and Buyers ; 18. Specific Performance and Right of Cure ; 19. Termination, Price Reduction, and Damages ; 20. Control of Standard Terms and Collective Proceedings ; 21. The CESL as Optional Sales Law: Interactions with English and German Law ; 22. The DCFR and the CESL as Models for Law Reform
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The first assessment of the proposed Common European Sales Law and its likely effect on national legal systems Demonstrates where and how the CESL and DCFR will interact with various aspects of German and English domestic law Summarizes findings, outlining what might influence buyers and sellers to use or reject the CESL Written by leading contract lawyers from Germany and the UK
Les mer
The first assessment of the proposed Common European Sales Law and its likely effect on national legal systems Demonstrates where and how the CESL and DCFR will interact with various aspects of German and English domestic law Summarizes findings, outlining what might influence buyers and sellers to use or reject the CESL Written by leading contract lawyers from Germany and the UK
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Produktdetaljer

ISBN
9780199678907
Publisert
2013
Utgiver
Vendor
Oxford University Press
Vekt
1618 gr
Høyde
248 mm
Bredde
176 mm
Dybde
55 mm
Aldersnivå
UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
856