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The Debate Continues

Kathleen Gutman

in The Constitutional Foundations of European Contract Law: A Comparative Analysis

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 6 outlines the ongoing activities taking place in the debate about European contract law and their bearing on the constitutional dimensions of European contract law. These activities comprise ... More


Mistake and Non-Disclosure of Facts: Models for English Contract Law

Hugh Beale QC FBA

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199593880
eISBN:
9780191745362
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593880.001.0001
Subject:
Law, Law of Obligations

This book examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like ... More


Drafting and Interpretation of a European Contract Law Instrument

Stefan Vogenauer

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0003
Subject:
Law, EU Law, Law of Obligations

This chapter examines the peculiarities of drafting and interpreting the proposed Common European Sales Law (CESL). The style of legislative drafting depends on a number of distinctive features, some ... More


European Contract Law and the Internal Market

Kathleen Gutman

in The Constitutional Foundations of European Contract Law: A Comparative Analysis

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.003.0009
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 8 examines the scope of the Union’s competence under Articles 114, 115, and 352 TFEU (ex Articles 95, 94, and 308 EC) for the adoption of a European contract law instrument, optional or ... More


Choice of CESL and Conflict of Laws

Gerhard Dannemann

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0002
Subject:
Law, EU Law, Law of Obligations

This chapter examines the interactions between the proposed Common European Sales Law (CESL) and domestic and other European law. It first discusses general issues relating to the application of the ... More


The DCFR and the CESL as Models for Law Reform

Stefan Vogenauer

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0022
Subject:
Law, EU Law, Law of Obligations

This book has attempted to explore how a European contract law instrument such as the Draft Common Frame of Reference (DCFR) or the proposed Common European Sales Law (CESL) might interact with ... More


Conceptions of Contract

Simon Whittaker and Karl Riesenhuber

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0004
Subject:
Law, EU Law, Law of Obligations

This chapter explains and compares the conceptions of contract found in English law and German law, and the systems of rules found in the Draft Common Frame of Reference (DCFR) and its successor ... More


Control of Standard Contract Terms

Phillip Hellwege and Lucinda Miller

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0012
Subject:
Law, EU Law, Law of Obligations

This chapter analyses possible interactions with regards to the control of standard contract terms between the proposed Common European Sales Law (CESL) and the Draft Common Frame of Reference ... More


The CESL as Optional Sales Law: Interactions with English and German Law

Gerhard Dannemann

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0021
Subject:
Law, EU Law, Law of Obligations

The proposed Common European Sales Law (CESL) aims to overcome the ‘[d]ifferences in contract law between Member States’ which ‘hinder traders and consumers who want to engage in cross-border trade ... More


The Right of Withdrawal

Reiner Schulze and Jonathan Morgan

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0009
Subject:
Law, EU Law, Law of Obligations

This chapter examines the impact of right of withdrawal provisions in the Common European Sales Law (CESL) on English and German law. Such provisions will not lead to radical changes to either German ... More


The Europeanization of Patent Law: Towards a Competitive Model

Jan Smits and William Bull

in The Europeanization of Intellectual Property Law: Towards a European Legal Methodology

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199665105
eISBN:
9780191758881
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665105.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter contrasts harmonisation in general private law with harmonisation of intellectual property law. Using the current plans for a Unified Patent and a Unitary Patent Court as a case study, ... More


Defects in Consent: Mistake, Fraud, Threats, Unfair Exploitation

John Cartwright and Martin Schmidt-Kessel

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0011
Subject:
Law, EU Law, Law of Obligations

This chapter focuses on the rules on defects in consent in the proposed Common European Sales Law (CESL) and the Draft Common Frame of Reference (DCFR). In assessing these rules and their ... More


Termination, Price Reduction, and Damages

Mindy Chen-Wishart and Ulrich Magnus

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0019
Subject:
Law, EU Law, Law of Obligations

This chapter deals with termination, price reduction, damages, and interest. It addresses the definition and regulation of these remedies in the proposed Common European Sales Law (CESL), the Draft ... More


Conclusion of Contract

Caroline Harvey and Michael Schillig

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0008
Subject:
Law, EU Law, Law of Obligations

The agreement to use the proposed Common European Sales Law (CESL) and the contract under the proposed CESL may constitute two separate contracts to be concluded by the parties. Whilst the proposed ... More


Supervening Events

Hannes Unberath and Ewan McKendrick

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0016
Subject:
Law, EU Law, Law of Obligations

This chapter analyses the effects of external events occurring after the conclusion of the contract (‘supervening events’) on contractual obligations. It focuses on Book III of the (academic) Draft ... More


Language of Information, Contract, and Communication

Geraint Howells, Bevan Marten, and Wolfgang Wurmnest

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0006
Subject:
Law, EU Law, Law of Obligations

Against the background of the proposed Common European Sales Law (CESL), this chapter assumes that any instrument emerging from this proposal will share its key elements: that it will be an optional ... More


Representation

Robert Freitag and Thomas Krebs

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0013
Subject:
Law, EU Law, Law of Obligations

This chapter begins with an examination of the provisions on representation contained in Book II, Chapter 6 of the Draft Common Frame of Reference (DCFR), on the assumption that they will form part ... More


Obligations of Sellers and Buyers

Christopher Schuller and Alexander Zenefels

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0017
Subject:
Law, EU Law, Law of Obligations

This chapter focuses on the content of basic contractual obligations, covering Articles 2 and 5 of the Proposal for a Regulation on a Common European Sales Law (Reg-CESL); obligations of the seller; ... More


Control of Standard Terms and Collective Proceedings

James Devenney and Thomas Pfeiffer

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0020
Subject:
Law, EU Law, Law of Obligations

Chapter 8 of the proposed Common European Sales Law (CESL) makes provision for the policing of ‘unfair terms’ in various situations, yet there is no provision in the proposed regulation to implement ... More


Remedies Before National Courts

Anthony Arnull

in Oxford Principles Of European Union Law: The European Union Legal Order: Volume I

Published in print:
2018
Published Online:
March 2021
ISBN:
9780199533770
eISBN:
9780191932434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199533770.003.0036
Subject:
Law, EU Law

This chapter is concerned with the decentralized enforcement of European Union law, that is, the way in which national courts uphold the rights it confers on litigants. When the Court of Justice ... More


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