Book contents
- Commercial Contract Law
- Commercial Contract Law
- Copyright page
- Dedication
- Brief Contents
- Contents
- Contributors
- Foreword
- Part I The Role of Consent
- Part II Normative Views of Contract
- Part III Contract Design and Good Faith
- Part IV Implied Terms and Interpretation
- Part V Policing Contracting Behavior
- Part VI Misrepresentation, Breach, and Remedies
- Part VII Harmonizing Contract Law
- 20 Harmonisation of European Contract Law
- 21 Europeanisation of Contract Law and the Proposed Common European Sales Law
- 22 Harmonization of International Sales Law
- Index
21 - Europeanisation of Contract Law and the Proposed Common European Sales Law
from Part VII - Harmonizing Contract Law
Published online by Cambridge University Press: 05 February 2013
- Commercial Contract Law
- Commercial Contract Law
- Copyright page
- Dedication
- Brief Contents
- Contents
- Contributors
- Foreword
- Part I The Role of Consent
- Part II Normative Views of Contract
- Part III Contract Design and Good Faith
- Part IV Implied Terms and Interpretation
- Part V Policing Contracting Behavior
- Part VI Misrepresentation, Breach, and Remedies
- Part VII Harmonizing Contract Law
- 20 Harmonisation of European Contract Law
- 21 Europeanisation of Contract Law and the Proposed Common European Sales Law
- 22 Harmonization of International Sales Law
- Index
Summary
This chapter reviews the Proposed Common European Sales Law (CESL) from a number of perspectives: first, whether there is a need for harmonisation in European Internet trading and whether the CESL serves that end; second, whether two national laws on a given subject can co-exist. It uses the example of the evolution of Scottish sales law in relationship to English sales law. Third, it compares the proposed CESL with the UK Sale of Goods Act. In the end, Professor MacQueen sees the CESL as a useful experiment in European private law harmonisation – “It would provide an interesting experiment with which to test the claim that the variety of domestic laws in the European Union is a barrier to the achievement of a single market.” It could serve as a means of filling the need to reduce obstacles to cross-border trading by Internet and small- and medium-sized business enterprises. Because of the CESL’s optional nature, the chapter concludes that no harm would be caused with its passage while significant benefits would be obtained if businesses widely elected to opt-in to the law.
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- Commercial Contract LawTransatlantic Perspectives, pp. 529 - 558Publisher: Cambridge University PressPrint publication year: 2013
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