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The Common European Sales Law In Context
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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.
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
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.
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.
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.
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.
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.
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.
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.
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 2018-07-12 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.
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.
Book Synopsis Performance-Oriented Remedies in European Sale of Goods Law by : Vanessa Mak
Download or read book Performance-Oriented Remedies in European Sale of Goods Law written by Vanessa Mak and published by Bloomsbury Publishing. This book was released on 2009-01-15 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.
Author :Matthias Lehmann Publisher :Otto Schmidt/de Gruyter European Law Publishers ISBN 13 :9783866539945 Total Pages :0 pages Book Rating :4.5/5 (399 download)
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.
Book Synopsis The Transformation of European Private Law by : James Devenney
Download or read book The Transformation of European Private Law written by James Devenney and published by Cambridge University Press. This book was released on 2013-10-24 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book emanates from a duo-colloquium which explored the Europeanisation of private law in the context of efforts to consolidate the consumer acquis, the Draft Common Frame of Reference, the appointment of an Expert Group on a Common Frame of Reference in the area of European contract law, the passage of the Consumer Rights Directive and the proposed Common European Sales Law. This book, with fully updated contributions, critically reflects on whether the process of Europeanisation, which has shaped private law in the EU Member States, has now reached a significant turning point in its development, a point of punctuated equilibrium. Written by a team of leading authors, the topics covered will be of concern in all European legal systems and beyond.
Book Synopsis The Future of the Commercial Contract in Scholarship and Law Reform by : Maren Heidemann
Download or read book The Future of the Commercial Contract in Scholarship and Law Reform written by Maren Heidemann and published by Springer. This book was released on 2018-11-02 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
Book Synopsis A Critical Analysis of the New European Sales Law by :
Download or read book A Critical Analysis of the New European Sales Law written by and published by . This book was released on 2014-05-27 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an ebook dedicated to analyzing the proposed Common European Sales Law (CESL), with a wide range of refreshing perspectives on how this compares to Contracts for the International Sale of Goods (CISG).
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:
