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European Perspectives on the Common European Sales Law

  • Book
  • © 2015

Overview

Editors:
  1. Javier Plaza Penadés

    1. Department of Civil Law, University of Valencia Faculty of Law, Valencia, Spain

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  2. Luz M. Martínez Velencoso

    1. Department of Civil Law, University of Valencia Faculty of Law, Valencia, Spain

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    You can also search for this editor in PubMed   Google Scholar

  • Is the first to compare of Common European Sales Law (CESL) with existing instruments
  • Provides a systematic analysis of the enactment of CESL as well as its scope of application
  • Outlines the impact of EU legislation on sale contracts on different transmissive systems
  • Includes supplementary material: sn.pub/extras

Part of the book series: Studies in European Economic Law and Regulation (SEELR, volume 4)

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Table of contents (15 chapters)

  1. Front Matter

    Pages i-xi
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  2. The Proposal for a Regulation on a Common European Sales Law (CESL): An Introduction

    • Ana Sofia Gomes
    Pages 1-15

  3. Some Private International Law Issues

    • Guillermo Palao Moreno
    Pages 17-35

  4. Formation of Contract

    • Jakub J. Szczerbowski
    Pages 37-44

  5. The Mandatory Nature of the Right of Withdrawal

    • Carmen Azcárraga Monzonís, Raquel Guillén Catalán
    Pages 45-66

  6. The Integration of Advertising Statements into the Content of the Contract

    • Francisco Infante Ruiz
    Pages 67-92

  7. Unfair Contract Terms

    • Hans Fredrik Marthinussen
    Pages 93-110

  8. Breach of Contract

    • Martin Schmidt-Kessel, Eva Silkens
    Pages 111-135

  9. Change of Circumstances

    • Luz M. Martínez Velencoso
    Pages 137-162

  10. Non Conformity of Goods and Digital Content and its Remedies

    • María Paz García Rubio
    Pages 163-181

  11. Passing of Risk

    • Francisco Oliva Blázquez
    Pages 183-205

  12. Contract for the Supply of Digital Content

    • Javier Plaza Penadés
    Pages 207-224

  13. Obligations and Remedies Under a Related Service Contract

    • M. José Reyes López
    Pages 225-241

  14. Damages and Interest

    • Matthias Lehmann
    Pages 243-261

  15. Restitution

    • Adela Serra Rodríguez
    Pages 263-286

  16. The Rules on Prescription

    • Luz M. Martínez Velencoso, Andrew O’Flynn
    Pages 287-303

  17. Back Matter

    Pages 305-311
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Keywords

About this book

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.​

Reviews

From the book reviews:

“The book is very valuable both for readers that want to get a first impression of the Common European Sales Law and want to use the volume as a kind of text book, because the book covers most of the very important issues of the draft regulation, and for readers that are already experts in the CESL and search for more information on specific topics.” (Tobias Pinkel, Hanse Law Review (HanseLR),Vol. 10 (1), 2014)

Editors and Affiliations

  • Department of Civil Law, University of Valencia Faculty of Law, Valencia, Spain

    Javier Plaza Penadés, Luz M. Martínez Velencoso

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