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Pris: 428 SEK exkl. moms  |  The proposal from the European Commission for a Regulation on a Common European Sales Law (CESL) has raised divergent reactions from various parties across Europe. This volume contributes actively to this discussion offering the lawyers’ point of view. The book promotes a debate and an exchange of views among representatives from the European Commission, the European Parliament and legal practitioners regarding the main legal issues of the CESL.
The outcome is a dialogue where general questions, such as ‘Do we need a CESL?’, ‘Can the CESL achieve what it sets out to do?’ and ‘The relationship with Rome I and the Vienna Convention’, and many more receive articulate answers considering both theoretical and practical implications of the CESL.
Table of Contents
Foreword v
List of Authors vii
Introduction
The Role of CCBE and of the Legal Practitioners in the
Process of Harmonization of Contract Law 3
Marcella Prunbauer-Glaser
Some Preliminary Remarks 11
Friedrich Graf von Westphalen
Part I
General Context, Fundamental Rights and Objectives of
the Proposed Regulation on the CESL
The Common European Sales Law – Why do we Need it
and how should it be Designed? 17
Dirk Staudenmayer
CESL, Fundamental Rights, General Principles,
Rules of Contract Law 31
Guido Alpa
The Debate on CESL in the European Parliament 45
Luigi Berlinguer
Draft Optional Regulation on a Common European Sales Law –
First Considerations 49
Ubaldo Perfetti
Table of Contents
Part II
Legal Perspectives from Diff erent Countries
The Proposed Regulation on a Common European Sales Law –
An Italian Perspective 61
Giuseppe Conte
The Common European Sales Law – A German Perspective
on the CESL 79
Georg Maier-Reimer
The Proposed Common European Sales Law –
Scope and Choice of Law 93
W. James Wolff e
Part III
The Provisions of the CESL on Performance, Termination
and Damages
Requiring and Withholding Performance,
Termination and Price Reduction – The CESL Compared
to the Vienna Sales Convention 113
Enrica Senini
The CESL’s Contribution in Terms of Damages and Interest 143
Louis-Bernard Buchman
Appendix A
Proposal for a Regulation on a Common European Sales Law 147
Appendix B
CCBE Position Paper on the Proposal on a Common
European Sales Law 235
Appendix C
Working Document on the Proposal on a Common
European Sales Law – European Parliament, 8.10.2012 243 | | |
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