The Common European Sales Law in Context: Interactions with English and German Law

by Gerhard Dannemann (Editor), Stefan Vogenauer (Editor)

Overview

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.

Product Details

ISBN-13:	9780191668180
Publisher:	OUP Oxford
Publication date:	03/21/2013
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

Table of Contents

1. Introduction2. Choice of CESL and Conflict of Laws, Gerhard Dannemann3. Drafting and Interpretation, Stefan Vogenauer4. Conceptions of Contract, Simon Whittaker and Karl Riesenhuber5. Non-Discrimination and the 'Constitutionalization' of Contract Law, Mark Freedland and Matthias Lehmann6. Language of Information, Contract, and Communication, Geraint Howells, Bevan Marten, and Wolfgang Wurmnest7. Pre-Contractual Duties, Christian Twigg-Flesner and Kasper Steensgaard8. Conclusion of Contract, Caroline Harvey and Michael Schillig9. The Right of Withdrawal, Reiner Schulze and Jonathan Morgan10. Interpretation of Contracts, Gerard McMeel and Hans Christoph Grigoleit11. Defects in Consent: Mistake, Fraud, Coercion, Threats, Unfair Exploitation, John Cartwright and Martin Schmidt-Kessel12. Control of Standard Contract Terms, Phillip Hellwege and Lucinda Miller13. 'Representation', Thomas Krebs and Robert Freitag14. Contract Terms in Favour of Third Parties, Andrew Burrows and Christoph Busch15. Transfer of Rights and Obligations, Hugh Beale and Wolf-Georg Ringe16. Supervening Events, Ewan McKendrick and Hannes Unberath17. Obligations of Sellers and Buyers, Christopher Schuller and Alexander Zenefels18. Specific Performance and Right of Cure, Hector L. MacQueen, Barbara Dauner-Lieb, and Peter W. Tettinger19. Termination, Price Reduction, and Damages, Mindy Chen-Wishart and Ulrich Magnus20. Control of Standard Terms and Collective Proceedings, James Devenney and Thomas Pfeiffer21. The CESL as Optional Sales Law: Interactions with English and German Law, Gerhard Dannemann22. The DCFR and the CESL as Models for Law Reform, Stefan Vogenauer