Download or read book Proposal for a Regulation on a Common European Sales Law written by and published by . This book was released on 2012 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: This briefing note summarises the observations and recommendations set out in the European Law Institute's Statement on the CESL. It is divided into two parts. The first deals with the content of the proposed Regulation. The second deals with measures relating to effective implementation.
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.
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.
Download or read book Common European Sales Law written by and published by . This book was released on 2013 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, an extensive debate has evolved on the need for harmonisation of European sales law, with the existing diversity of contract laws in Member States being perceived as a barrier to trade and hence as burdensome for the European internal market. In November 2010 the European Commission commissioned a study supporting its Impact Assessment (IA) preparation on this matter. This report suggests that differences in contract law between Member States (MS) do create a barrier to trade, and the value of trade foregone each year between MS due to differences in contract law amounts to some tens of billions of euros. The aim of this paper is to assess the robustness and validity of the method used by the Commission to calculate opportunity and transaction costs, as well as the soundness of the economic model applied to the assessment of policy options; and to assess the reliability of the Commission's assumptions in this respect and whether they can stand up to scrutiny.
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:
Download or read book The Proposal for a Regulation on Common European Sales Law written by Giovanna Capilli and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper analyses the proposed Common European Sales Law (hereinafter 'CESL') and in particular the provisions on seller's obligation and consumer's remedies in case of non-performance. The Author explores the provisions of the CELS taking into account the rules of Consumer Sales and Guarantees Directive emphasising the differences of application and the main innovations that the CESL put in the sales between professionals and consumers. Also giving a positive judgment on the proposed CESL, the Author emphasises the requirement to improve on the text before its ratification.
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.
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 301 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.
Download or read book The Proposal for a Regulation on a Common European Sales Law written by and published by . This book was released on 2012 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: This briefing note provides general comments on the CESL and an overview of the level of consumer protection in the CESL, particularly the unfair contract terms. Furthermore, the note concentrates on the remedies provisions, analysing the legal guarantee provisions and other rights of the buyer from the viewpoint of a consumer organization.
Download or read book Common European Sales Law written by Alexia Maniaki-Griva and published by . This book was released on 2013 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Proposed Common European Sales Law written by Simon Whittaker and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic integration remains at the heart of the European Union, and it is not surprising, therefore, that contract law has increasingly formed the object of European legislative initiatives. During the 1980s and 1990s, the resulting legislation was particular in its scope, targeted in its aims, and its main technique was the harmonization by directive of aspects of the national contract laws of Member States. Over the last decade, increasing dissatisfaction with this technique prompted a move towards 'full harmonization' in EU consumer law, seen first as regards the Unfair Commercial Practices Directive 2005, and later as regards the reshaped versions of the Timeshare Directive and Consumer Credit Directive. However, when in 2008 the Commission sought in its Consumer Rights Directive Proposal to extend 'full harmonization' to four of the most important directives in the consumer acquis, the proposal met with very considerable opposition. The Consumer Rights Directive as promulgated in late 2011 is therefore much reduced in scope, its provisions leaving aside almost entirely change to earlier (minimum harmonization) directives on unfair terms and consumer guarantees in sale. However, a second legislative development of importance for the present discussion was the new competence established by the Amsterdam Treaty, which allowed the EU to bring existing European private international law instruments on jurisdiction and on applicable law in contract within the framework of EU law and to add to them new instruments on applicable law. As a result, EU law now possesses uniform laws governing the law applicable to cross-border contracts and cross-border torts, whose justification was again the needs of the internal market. It is in this somewhat crowded legislative arena which we must place the recent Commission Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law. Broadly, the proposal would set up an optional contract law instrument (the 'Common European Sales Law' or 'CESL') governing sales of goods, the supply of digital content and certain related services for contracts between traders (where one is a small or medium size business (SME)) and contracts between traders and consumers. This note will outline the purposes and the scope of this initiative and then examine two of its central features: its technical legal framework, particularly as regards its relationship with private international law, and its approach to the agreement required of the parties to use the CESL to govern their contract.
Download or read book The Commission Proposal for a Regulation on a Common European Sales Law CESL written by Hans-W. Micklitz and published by . This book was released on 2012 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Proposal for a Regulation on a Common European Sales Law written by Monika Jurčová and published by . This book was released on 2013 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Statement of the European Law Institute on the Proposal for a Regulation on a Common European Sales Law written by European Law Institute and published by . This book was released on 2012 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 314 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.
Download or read book A Law and Economics Approach to European Contract Law written by and published by . This book was released on 2013 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "All contributions examine various aspects of the Commision's Proposal for a Regulation on a Common European Sales Law (CESL) that was published by the EU Commission, and with few exceptions, most of them do so from a law-and-economics perspective" -- page [1].
Download or read book Statement of the European Law Institute on the Proposal for a Regulation on a Common European Sales Law 1st Supplement written by Lord John Thomas and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the publication of the 2012 Statement, there has been a great deal of further discussion throughout Europe. Amongst other things, it became clear that digital content and cloud computing needed to receive more attention and that a political compromise to restrict the CESL's scope to distance contracts, and in particular to those contracts concluded on the internet, was developing. Against this background the ELI working party resumed its work and prepared this 1st Supplement to the 2012 Statement.
