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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.
This book investigates how the proposed Common European Sales Law (CESL) and the Draft Common Frame of Reference (DCFR) would interact with established domestic legal systems, specifically English and German law. The authors, Gerhard Dannemann and Stefan Vogenauer, lead a team of British and German scholars to analyze the practical implications of implementing these European unification projects. By examining the interface between supranational proposals and national traditions, the text provides a framework for understanding the potential adoption, application, and judicial interpretation of these rules in cross-border trade.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a primary resource for understanding the complexities of harmonizing European contract law. Experts frequently note the academic density of the prose and the rigorous comparative methodology employed by the contributors.
Page Count:
856
Publication Date:
2013-01-01
Publisher:
Oup Oxford
ISBN-10:
0191668176
ISBN-13:
9780191668173
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