European Perspectives on the Common European Sales Law (Studies in European Economic Law and Regulation Book 4)

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.​ Front Matter....Pages i-xi The Proposal for a Regulation on a Common European Sales Law (CESL): An Introduction....Pages 1-15 Some Private International Law Issues....Pages 17-35 Formation of Contract....Pages 37-44 The Mandatory Nature of the Right of Withdrawal....Pages 45-66 The Integration of Advertising Statements into the Content of the Contract....Pages 67-92 Unfair Contract Terms....Pages 93-110 Breach of Contract....Pages 111-135 Change of Circumstances....Pages 137-162 Non Conformity of Goods and Digital Content and its Remedies....Pages 163-181 Passing of Risk....Pages 183-205 Contract for the Supply of Digital Content....Pages 207-224 Obligations and Remedies Under a Related Service Contract....Pages 225-241 Damages and Interest....Pages 243-261 Restitution....Pages 263-286 The Rules on Prescription....Pages 287-303 Back Matter....Pages 305-311 3.2 "Causa", Consideration and the Intention to be Legally Bound3.3 Models of Contract Formation; 3.3.1 Offer and Acceptance; 3.3.2 Negotiations; 3.3.3 Auction; 3.4 Modified Acceptance; References; Chapter-4; The Mandatory Nature of the Right of Withdrawal; 4.1 Introduction; 4.2 Legal Antecedents: The Regulation in the DCFR; 4.2.1 The Right of Withdrawal in the DCFR; 4.2.2 Information Duties in the DCFR; 4.3 Right of Withdrawal in the CESL; 4.3.1 Beneficiaries and Mandatory Nature of the Right of Withdrawal; 4.3.2 Scope of Application of the Right of Withdrawal; 4.3.3 Withdrawal Period 5.3.2.2 Framework of the Particular Regulation of Sales5.3.3 Proposal for a Regulation on a Common European Sales Law (CESL); 5.3.3.1 Article 69 CESL: Which Public Statements Made by a Trader Should be Implied in the Terms of the Contract?; 5.3.3.2 Article 100(f) CESL: Pre-contractual Statements (Qualities and Performance Capabilities) as Criteria for Conformity; 5.3.3.3 Criticism; 5.4 Overview in Certain National Laws; 5.4.1 General Profiles; 5.4.2 English Law; 5.4.3 German Law; 5.4.4 Spanish Law; 5.5 Consequences of the Inclusion of Advertising Statements in Contract; 5.5.1 Remedies 4.3.4 Form of Exercising the Right of Withdrawal4.3.5 Effects of Withdrawal: Restitution of Performances; 4.3.6 Duty to Provide Information; 4.4 Conclusions; References; Chapter-5; The Integration of Advertising Statements into the Content of the Contract; 5.1 Introduction; 5.2 Basis for the Integration of Advertising into the Content of the Contract: Good Faith; 5.3 The Legal Consideration of Advertising in Connection with the Contract Offer; 5.3.1 Advertising, Pre-contractual Information and Offer; 5.3.2 PECL-DCFR System; 5.3.2.1 Framework of the General Regulation of Contract 5.5.2 Liability of the Advertiser to the Consumer: Issues Not Covered5.6 Conclusions; References; Chapter-6; Unfair Contract Terms; 6.1 Introduction; 6.2 The Nordic Contract Acts, 36; 6.2.1 Structure and Wording of the Legislative Text; 6.2.2 36 in the Supreme Courts; 6.2.3 The Relationship with the Directive on Unfair Terms in Consumer Contracts; 6.3 A Brief Presentation of the Regulation of Unfair Terms in the CESL in Light of DCFR and PECL, and Some Comparative Remarks on the Nordic Contract Acts' 36; 6.4 Some Challenges for European Traders Selling to the Nordic Countries Preface ; Contents; Contributors; Chapter-1; The Proposal for a Regulation on a Common European Sales Law (CESL): An Introduction; 1.1 Introduction; 1.2 Background; 1.3 Objective and Subject Matter; 1.4 Scope of Application; References; Chapter-2; Some Private International Law Issues; 2.1 Legal Context of the Proposal; 2.2 Main Elements of the Proposal; 2.2.1 Substantive Scope of Application; 2.2.2 Cross-Border Contracts; 2.2.3 Optional Character; 2.2.4 Material Choice; 2.3 Concluding Remarks; References; Chapter-3; Formation of Contract; 3.1 Introduction