Contents and effects of contracts : lessons to learn from the common European sales law / Aurelia Colombi Ciacchi, editor.
2016
KJE2096 .C66 2016 (Map It)
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Details
Title
Contents and effects of contracts : lessons to learn from the common European sales law / Aurelia Colombi Ciacchi, editor.
Published
[Cham, Switzerland] : Springer Verlag, [2016]
Call Number
KJE2096 .C66 2016
ISBN
9783319280721
3319280724
9783319280745 (e-Book)
3319280740 (e-Book)
3319280724
9783319280745 (e-Book)
3319280740 (e-Book)
Description
xiii, 295 pages : illustrations ; 25 cm.
System Control No.
(OCoLC)930257906
Summary
"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."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Added Author
Table of Contents
pt. I
Lessons to Learn from the CESL
1.
Contents and Effects of Contracts: Lessons to Learn from the CESL / Aurelia Colombi Ciacchi
3
2.
Origin and Ambitions of the Common European Sales Law, Especially Its Chapter on Contents and Effects / Oliver Remien
11
3.
Many Advantages of a Common European Sales Law / Ewoud Hondius
21
4.
Identification of Gaps and Gap-Filling under the Common European Sales Law -- A Model for Uniform Law Instruments? / Christoph Busch
29
5.
Digital Single Market and Legal Certainty: A Critical Analysis / Matthias Haentjens
45
pt. II
Contents and Effects of Contracts: Lessons to Learn from Chapter 7 CESL
6.
Art. 66--68: The Sources of Contract Terms Under the CESL / Hugh Beale
75
7.
Art. 66--68: Implied Terms in the CESL: Different Approaches? / Bart Krans
103
8.
Art. 67: Contract Interpretation and the Role of `Trade Usage' in a Common European Sales Law / Vanessa Mak
115
9.
Art. 69: Pre-contractual Statements Under Article 69 CESL -- Remake or Revolution? / Bernd Seifert
133
10.
Art. 70: The Duty to Raise Awareness of Not Individually Negotiated Contract Terms / Salvatore Patti
173
11.
Art. 70--71: Incorporation and Making Available of Standard Contract Terms / Marco Loos
179
12.
Effect of Merger and Non-Reliance Clauses According to Art. 72 of the Commission's Draft of the Common European Sales Law (CESL) -- A Model for New Instruments for International or European (Consumer) Sales Law? / Tobias Pinkel
203
13.
Art. 73--75: Price Determination / Viola Heutger
227
14.
Art. 74: The "Grossly Unreasonable" Unilateral Determination of Price or Other Contract Terms and Its Substitution Under the Proposed Art 74 CESL / Tim W. Dornis
237
15.
Art. 76: The `Stick to the Language' Rule / Peter Rott
255
16.
Art. 77: Contracts of Indeterminate Duration: Article 77 CESL -- A Comment from a German Perspective / Franziska Weber
269
17.
Art. 78: Third Party Stipulation and Consumer Protection / Alain Ancery
287