基本説明
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.
Full Description
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.
Contents
1. Introduction ; 2. Choice of CESL and Conflict of Laws ; 3. Drafting and Interpretation ; 4. Conceptions of Contract ; 5. Non-Discrimination and the 'Constitutionalization' of Contract Law ; 6. Language of Information, Contract, and Communication ; 7. Pre-Contractual Duties ; 8. Conclusion of Contract ; 9. The Right of Withdrawal ; 10. Interpretation of Contracts ; 11. Defects in Consent: Mistake, Fraud, Coercion, Threats, Unfair Exploitation ; 12. Control of Standard Contract Terms ; 13. 'Representation' ; 14. Contract Terms in Favour of Third Parties ; 15. Transfer of Rights and Obligations ; 16. Supervening Events ; 17. Obligations of Sellers and Buyers ; 18. Specific Performance and Right of Cure ; 19. Termination, Price Reduction, and Damages ; 20. Control of Standard Terms and Collective Proceedings ; 21. The CESL as Optional Sales Law: Interactions with English and German Law ; 22. The DCFR and the CESL as Models for Law Reform
