The Commission Proposal For A Regulation On A Common European Sales Law Cesl
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The Commission Proposal For A Regulation On A Common European Sales Law Cesl
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Author : Hans-W. Micklitz
language : en
Publisher:
Release Date : 2012
The Commission Proposal For A Regulation On A Common European Sales Law Cesl written by Hans-W. Micklitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Sales categories.
The paper which was commissioned by the Austrian Ministry of Consumer Affairs but written under the exclusive responsibility of the authors consists of three parts: The first part written jointly by the authors gives an analysis of the so-called "chapeau" of the Commission proposal on a Regulation (EU) for a "Common European Sales Law" (CESL), published as COM (2011) 635 final of 11.10.2011. The chapeau, that is the legal instrument putting into effect the eventual CESL, concerns such fundamental questions as legal basis, namely Art. 114 TFEU on the internal market, importance of the subsidiarity and proportionality principles, personal, territorial and substantive scope of the proposal, the mechanism of "opting-in" in cross-border B2C (business to consumer) transactions, its relation to the "acquis", in particular the recently adopted "Consumer Rights Directive" (CRD) 2011/83/EU of 25.10.2011, to existing Member State law under conflict-oflaw provisions of Art. 6 on consumer protection of Regulation (EU) 593/2008, and to options left to them. The second part, written by Hans Micklitz, analyses the substantive provisions of the so-called Annex I, namely the text of the CESL itself which with some modifications took over over the results of the EU expert group on a "feasibility study on an optional instrument" of 3.5.2011. It is concerned with B2C provisions on so-called "off-premises" and distance contracts with respect to information obligations of traders and withdrawal rights of consumers which are particularly relevant in ecommerce. Also the new proposals on unfair terms are discussed which go beyond the existing acquis of Dir. 93/13/EEC. The third part, written by Norbert Reich, is concerned with provisions on consumer sales and related service transactions, also based on the feasibility study with an extension to "digital content". Some of them go beyond the existing acquis of Dir. 99/44/EC, while the concept of "related service contracts" remains rather obscure and controversial.
Cisg Vs Regional Sales Law Unification
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Author : Ulrich Magnus
language : en
Publisher: Walter de Gruyter
Release Date : 2012-08-31
Cisg Vs Regional Sales Law Unification written by Ulrich Magnus and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-31 with Law categories.
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 : Aurelia Colombi Ciacchi
language : en
Publisher: Springer
Release Date : 2016-05-18
Contents And Effects Of Contracts Lessons To Learn From The Common European Sales Law written by Aurelia Colombi Ciacchi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-18 with Law categories.
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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Author : Guido Alpa
language : en
Publisher:
Release Date : 2013
The Proposed Common European Sales Law written by Guido Alpa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Consumer protection categories.
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 Common European Sales Law In Context
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Author : Gerhard Dannemann
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21
The Common European Sales Law In Context written by Gerhard Dannemann and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
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.
The Draft Common European Sales Law
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Author : Ignace Claeys
language : en
Publisher:
Release Date : 2013
The Draft Common European Sales Law written by Ignace Claeys and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Commercial law categories.
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.
Proposal For A Regulation Of The European Parliament And Of The Council On A Common European Sales Law
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Author : Europäische Union Europäisches Parlament
language : en
Publisher:
Release Date : 2012
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 has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Consumer protection categories.
Common European Sales Law Cesl
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Author : Reiner Schulze
language : en
Publisher: Anchor Books
Release Date : 2012
Common European Sales Law Cesl written by Reiner Schulze and has been published by Anchor Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Sales categories.
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
European Consumer Access To Justice Revisited
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Author : Stefan Wrbka
language : en
Publisher: Cambridge University Press
Release Date : 2014-11-20
European Consumer Access To Justice Revisited written by Stefan Wrbka and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-20 with Law categories.
This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
The Making Of European Private Law
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Author : Luigi Moccia
language : en
Publisher:
Release Date : 2013
The Making Of European Private Law written by Luigi Moccia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Civil law categories.
Table of Contents Foreword List of Authors European Private Law: Why, How, What and Who? Ole Lando -- The Europeanisation of Private Law: Problems and Perspectives Bénédicte Fauvarque-Cosson -- The Commission Proposal for a "Regulation on a Common European Sales Law (CESL)"--Too Broad or not Broad Enough? Hans-Wolfgang Micklitz / Norbert Reich -- The 'Legal Basis' of European Private Law in the Light of EU Constitutionalisation Christiane C. Wendehorst -- European Law: From 'Market' to 'Citizenship' Luigi Moccia -- A Common European Sales Law (CESL) for Business-to-Business Contracts Hugh Beale -- The 'Instruments' for Implementing European Private Law - The Infl uence of the ECJ Case Law on the Development and Formation of European Private Law Verica Trstenjak -- Optional Law for Firms and Consumers: Economic Benefi ts of Opting into the Common European Sales Law? Juan José Ganuza / Fernando Gomez -- European Consumer Law and its Consolidation Luc Grynbaum -- The Internal Relationships of EU Consumer Contract Laws: Unfair Contract Terms, Unfair Commercial Practices and CESL Simon Whittaker -- European Property Law - Transfer of Ownership of Movables Brigitta Lurger --From Euratom Property Law to European Union Property Law: A Concise Overview of the Development Towards a European Property Law Sjef van Erp -- Which Future for the European Law of Successions? Francesco Paolo Traisci -- Interpretation of Contracts in European Private Law Eric Clive -- Incorporation and Unfairness of Standard Contract Terms Under the Proposal for a Common European Sales Law Marco B.M. Loos -- The Application of the CESL to a Contract for the Supply of Digital Content (e.g. Software) Jerzy Pisuliński -- A Critical First Glance at the Common European Sales Law Project by the Digital Consumer Law Approach Oreste M. Calliano.