CISG vs. Regional Sales Law Unification PDF Download
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Author: Ulrich Magnus
Publisher: Walter de Gruyter
ISBN: 3866539665
Category : Law
Languages : en
Pages : 248
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Book Description
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.
Author: Ignace Claeys
Publisher:
ISBN: 9781780681801
Category : Commercial law
Languages : en
Pages : 0
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Book Description
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.
Author: Ulrich Magnus
Publisher: Walter de Gruyter
ISBN: 3866539665
Category : Law
Languages : en
Pages : 248
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Book Description
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.
Author: Reiner Schulze
Publisher: Anchor Books
ISBN: 9783406634185
Category : Sales
Languages : en
Pages : 780
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Book Description
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
Author: Reiner Schulze
Publisher: Walter de Gruyter
ISBN: 3866539541
Category : Law
Languages : en
Pages : 295
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Book Description
Author: Javier Plaza Penadés
Publisher: Springer
ISBN: 3319104977
Category : Law
Languages : en
Pages : 314
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Book Description
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.
Author: Maren Heidemann
Publisher: Springer
ISBN: 3319959697
Category : Law
Languages : en
Pages : 472
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Book Description
This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
Author: Norbert Reich
Publisher:
ISBN: 9781780684598
Category : Consumer protection
Languages : en
Pages : 0
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Book Description
In recent years, EU consumer law has been subject to spectacular decisions by the European Court of Justice, with important consequences for the private law of Member States. Currently, it is under scrutiny by the EC Commission, which has just published a proposal for the revision of important aspects of the EU consumer law acquis. The authors have taken a broad horizontal approach at the European acquis, thereby reflecting on the history, the achievements and also the shortcomings of EC law.
Author: Gerhard Dannemann
Publisher: Oxford University Press
ISBN: 0199678901
Category : Business & Economics
Languages : en
Pages : 858
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Book Description
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.
Author: Stefan Wrbka
Publisher: Cambridge University Press
ISBN: 1107072379
Category : Law
Languages : en
Pages : 419
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Book Description
This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
Author: Mateja Durovic
Publisher: Bloomsbury Publishing
ISBN: 1782258132
Category : Law
Languages : en
Pages : 235
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Book Description
The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanisation of private law in the European Union, and in particular of contract law.
