The common European sales law in context : interactions with English and German law
- 1st edition.
- Oxford, United Kingdom : Oxford University Press, 2013.
- Physical description
- lxvii, 789 p. : ill. ; 26 cm.
KJE2096 .C66 2013
- Unknown KJE2096 .C66 2013
- Includes bibliographical references (p. -772) and index.
- Introduction : the European contract law initiative and the 'CFR in context' project / Gerhard Dannemann and Stefan Vogenauer
- Choice of CESL and conflict of laws / Gerhard Dannemann
- Drafting and interpretation of a European contract law instrument / Stefan Vogenaure
- Conceptions of contract / Simon Whittaker and Karl Riesenhuber
- Non-discrimination and the 'constitutionalization of contract law' / Mark Freedland and Matthias Lehmann
- Language of information, contract, and communication / Geraint Howells, Bevan Marten, and Wolfgang Wurmnest
- Pre-contractual duties / Kasper Steensgaard and Christian Twigg-Flesner
- Conclusion of contract / Caroline Harvey and Michael Schillig
- The right of withdrawal / Reiner Schulze and Jonathan Morgan
- Interpretation of contracts / Gerard McMeel and Hans Christoph Grigoleit
- Defects in consent : mistake, fraud, threats, unfair exploitation / John Cartwright and Martin Schmidt-Kessel
- Control of standard contract terms / Phillip Hellwege and Lucinda Miller
- Representation / Robert Freitag and Thomas Krebs
- Contract terms in favour of third parties / Andrew Burrows and Christoph Busch
- Transfer of rights and obligations / Hugh Beale and Wolf-Georg Ringe
- Supervening events / Hannes Unberath and Ewan McKendrick
- Obligations of sellers and buyers / Christopher Schuller and Alexander Zenefels
- Specific performance and right to cure / Hector L. MacQueen, Barbara Dauner-Lieb, and Peter W. Tettinger
- Termination, price reduction, and damages / Mindy Chen-Wishart and Ulrich Magnus
- Control of standard terms and collective proceedings / James Devenney and Thomas Pfeiffer
- The CESL as optional sales law : interactions with English and German law / Gerhard Dannemann
- The DCFR and the CESL as models for law reform / Stefan Vogenaure.
- Publisher's Summary
- 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.
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- Publication date
- edited by Gerhard Dannemann, Stefan Vogenauer.
- "Arts & Humanities Research Council, Deutsche Forschungsgemeinschaft"--T.p.