The Common European Sales Law in Context

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Publisher : Oxford University Press
ISBN 13 : 0199678901
Total Pages : 858 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Common European Sales Law in Context by : Gerhard Dannemann

Download or read book The Common European Sales Law in Context written by Gerhard Dannemann and published by Oxford University Press. This book was released on 2013-03-21 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Perspectives on the Common European Sales Law

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Author :
Publisher : Springer
ISBN 13 : 3319104977
Total Pages : 311 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis European Perspectives on the Common European Sales Law by : Javier Plaza Penadés

Download or read book European Perspectives on the Common European Sales Law written by Javier Plaza Penadés and published by Springer. This book was released on 2014-11-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.​

Common European Sales Law (CESL)

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Author :
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783832972059
Total Pages : 780 pages
Book Rating : 4.9/5 (72 download)

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Book Synopsis Common European Sales Law (CESL) by : Reiner Schulze

Download or read book Common European Sales Law (CESL) written by Reiner Schulze and published by Nomos Verlagsgesellschaft. This book was released on 2012 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of European Contract Law as a field of enquiry has been matched by a burgeoning literature. This includes textbooks, casebooks, monographs and commentaries as well as at least one journal and huge number of journal articles. As the field has matured, so has its elaboration and analysis by scholars, though it remains a field replete with contested viewpoints and many controversies. This new work by one of Germany's most well-known and respected private law scholars, seeks to present a complete and coherent view of the subject from the perspective of the jurisdiction which has arguably had more responsibility than any other for influencing the shape and content of European contract law

CISG vs. Regional Sales Law Unification

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866539665
Total Pages : 248 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis CISG vs. Regional Sales Law Unification by : Ulrich Magnus

Download or read book CISG vs. Regional Sales Law Unification written by Ulrich Magnus and published by Walter de Gruyter. This book was released on 2012-08-31 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 2011, the European Commission introduced its Proposal for a Regulation on a Common European Sales Law (CESL) which covers inter alia international business sales – a subject already regulated by the Convention of International Sale of Goods (CISG) which was ratified by 78 member states. How does this new Proposal fit the existing uniform sales law? How have other regions of the world managed the coexistence of global and regional sales law unification? What can Europe learn from the U.S. experience concerning the CISG and the Uniform Commercial Code? What can we learn from the African OHADA which made CISG more or less the internal law of 17 African states, what from Australia where CISG and common law exist alongside? All these questions are intensely discussed in this highly recommendable book written by renowned authors like Larry DiMatteo, Harry Flechtner, Franco Ferrari, Robert Koch, Ulrich Magnus and Bruno Zeller.

Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law

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Author :
Publisher : Springer
ISBN 13 : 3319280740
Total Pages : 295 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law by : Aurelia Colombi Ciacchi

Download or read book Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law written by Aurelia Colombi Ciacchi and published by Springer. This book was released on 2016-05-18 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Proposed Common European Sales Law

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Publisher :
ISBN 13 : 9783866532496
Total Pages : 0 pages
Book Rating : 4.5/5 (324 download)

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Book Synopsis The Proposed Common European Sales Law by : Guido Alpa

Download or read book The Proposed Common European Sales Law written by Guido Alpa and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proposal from the European Commission for a Regulation on a Common European Sales Law (CESL) has raised divergent reactions from various parties across Europe. This volume contributes actively to this discussion, offering the lawyers' point of view. The book promotes a debate and an exchange of views among representatives from the European Commission, the European Parliament, and legal practitioners regarding the main legal issues of the CESL. The outcome is a dialogue where general concerns (such as: Do we need a CESL? Can the CESL achieve what it sets out to do? etc.) receive articulate answers considering both theoretical and practical implications of the CESL.

The Draft Common European Sales Law

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Publisher :
ISBN 13 : 9781780681801
Total Pages : 0 pages
Book Rating : 4.6/5 (818 download)

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Book Synopsis The Draft Common European Sales Law by : Ignace Claeys

Download or read book The Draft Common European Sales Law written by Ignace Claeys and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU Member States' sales law and related areas are on the verge of a major change. With the 186 articles of the Common European Sales Law (CESL), the Commission proposes an optional legal framework that covers the entire lifecycle of sales contracts and contracts for the supply of digital content, as well as related services. Although the aim is to govern these contracts without regard to other national rules of law, several aspects are not addressed and will continue to be governed by national rules. These national rules will also continue to apply if the parties decide not to submit their transactions to the CESL. Understanding the potential impact and usefulness of the CESL requires insight into its content, the relationship between the CESL and the other applicable national rules, and a critical analysis of its advantages and disadvantages. This book is the first to delve deeply into the content of the CESL and to analyze it from a Belgian law perspective.

Private Autonomy in Germany and Poland and in the Common European Sales Law

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866539630
Total Pages : 136 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Private Autonomy in Germany and Poland and in the Common European Sales Law by : Tim Drygala

Download or read book Private Autonomy in Germany and Poland and in the Common European Sales Law written by Tim Drygala and published by Walter de Gruyter. This book was released on 2012-07-30 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private autonomy is a fundamental principle of civil law - even more against the background of increasing Europeanisation. How is this principle implemented in the Proposal for a Common European Sales Law (CESL), in German and in Polish Law? Read the informative proceedings of the international conference on "Private Autonomy in Germany, Poland and Europe" held at the University of Leipzig. The topics of the volume range from fundamental aspects, such as the term autonomy as a "legal axiom", to specific issues like the freedom of contract in the CESL and the control of unfair contract terms in business to business transactions.

Common European Sales Law Meets Reality

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Author :
Publisher : Otto Schmidt/de Gruyter European Law Publishers
ISBN 13 : 9783866539945
Total Pages : 0 pages
Book Rating : 4.5/5 (399 download)

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Book Synopsis Common European Sales Law Meets Reality by : Matthias Lehmann

Download or read book Common European Sales Law Meets Reality written by Matthias Lehmann and published by Otto Schmidt/de Gruyter European Law Publishers. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the Regulation for a Common European Sales Law (CESL) already appearing on the horizon, it is time to consider the practical impact the instrument will have. What are the specific challenges from the point of view of politics, society, the judiciary, and academia? This book tries to answer these important questions. It is addressed to legal practitioners, teachers, researchers and students alike.

Commentaries on European Contract Laws

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Publisher : Oxford University Press
ISBN 13 : 0192508016
Total Pages : 2250 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Commentaries on European Contract Laws by : Nils Jansen

Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 2250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Towards a European Contract Law

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866539541
Total Pages : 295 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Towards a European Contract Law by : Reiner Schulze

Download or read book Towards a European Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2011-08-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Europeanisation of Contract Law

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Author :
Publisher : Routledge
ISBN 13 : 1135923280
Total Pages : 288 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis The Europeanisation of Contract Law by : Christian Twigg-Flesner

Download or read book The Europeanisation of Contract Law written by Christian Twigg-Flesner and published by Routledge. This book was released on 2013-04-12 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: a string of directives adopted by the European Union that touch on various aspects of consumer law recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law.

The Politics of European Sales Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127526
Total Pages : 294 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Politics of European Sales Law by : Bastiaan van Zelst

Download or read book The Politics of European Sales Law written by Bastiaan van Zelst and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A legal-political inquiry into the drafting of the uniform commercial code, the Vienna Sales Convention, the Dutch civil code and the European consumer sales directive in the context of the Europeanization of contract law."--T.p.

Common European Sales Law

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Publisher :
ISBN 13 : 9783406630798
Total Pages : 1500 pages
Book Rating : 4.6/5 (37 download)

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Book Synopsis Common European Sales Law by : Dirk Staudenmayer

Download or read book Common European Sales Law written by Dirk Staudenmayer and published by . This book was released on 2012 with total page 1500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Does International Trade Need a Doctrine of Transnational Law?

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Publisher : Springer Science & Business Media
ISBN 13 : 3642275001
Total Pages : 78 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Does International Trade Need a Doctrine of Transnational Law? by : Maren Heidemann

Download or read book Does International Trade Need a Doctrine of Transnational Law? written by Maren Heidemann and published by Springer Science & Business Media. This book was released on 2012-02-14 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Research Handbook on EU Consumer and Contract Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1782547371
Total Pages : 608 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on EU Consumer and Contract Law by : Christian Twigg-Flesner

Download or read book Research Handbook on EU Consumer and Contract Law written by Christian Twigg-Flesner and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. The Handbook is divided into three parts:

Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law

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Author :
Publisher :
ISBN 13 : 9783406632747
Total Pages : 78 pages
Book Rating : 4.6/5 (327 download)

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Book Synopsis Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law by : Europäische Union Europäisches Parlament

Download or read book Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law written by Europäische Union Europäisches Parlament and published by . This book was released on 2012 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: