Business / Commercial Law

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

Edited by Gerhard Dannemann · Stefan Vogenauer
Oxford University Press March 2013

Specifications

ISBN-13
9780199678907
Publisher
Oxford University Press
Publication
March 2013
Format
Hardback , 864 pages
Jurisdiction
European Union ? Countri(es) for reference only

Details

  • The first assessment of the proposed Common European Sales Law and its likely effect on national legal systems
  • Demonstrates where and how the CESL and DCFR will interact with various aspects of German and English domestic law
  • Summarizes findings, outlining what might influence buyers and sellers to use or reject the CESL
  • Written by leading contract lawyers from Germany and the UK

European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

Readership: Academics and practitioners of EU law, sales and contract law, and comparative law

Table of Contents

1: Introduction
2: Gerhard Dannemann: Choice of CESL and Conflict of Laws
3: Stefan Vogenauer: Drafting and Interpretation
4: Simon Whittaker and Karl Riesenhuber: Conceptions of Contract
5: Mark Freedland and Matthias Lehmann: Non-Discrimination and the 'Constitutionalization' of Contract Law
6: Geraint Howells, Bevan Marten, and Wolfgang Wurmnest: Language of Information, Contract, and Communication
7: Christian Twigg-Flesner and Kasper Steensgaard: Pre-Contractual Duties
8: Caroline Harvey and Michael Schillig: Conclusion of Contract
9: Reiner Schulze and Jonathan Morgan: The Right of Withdrawal
10: Gerard McMeel and Hans Christoph Grigoleit: Interpretation of Contracts
11: John Cartwright and Martin Schmidt-Kessel: Defects in Consent: Mistake, Fraud, Coercion, Threats, Unfair Exploitation
12: Phillip Hellwege and Lucinda Miller: Control of Standard Contract Terms
13: Thomas Krebs and Robert Freitag: 'Representation'
14: Andrew Burrows and Christoph Busch: Contract Terms in Favour of Third Parties
15: Hugh Beale and Wolf-Georg Ringe: Transfer of Rights and Obligations
16: Ewan McKendrick and Hannes Unberath: Supervening Events
17: Christopher Schuller and Alexander Zenefels: Obligations of Sellers and Buyers
18: Hector L. MacQueen, Barbara Dauner-Lieb, and Peter W. Tettinger: Specific Performance and Right of Cure
19: Mindy Chen-Wishart and Ulrich Magnus: Termination, Price Reduction, and Damages
20: James Devenney and Thomas Pfeiffer: Control of Standard Terms and Collective Proceedings
21: Gerhard Dannemann: The CESL as Optional Sales Law: Interactions with English and German Law
22: Stefan Vogenauer: The DCFR and the CESL as Models for Law Reform

About the Author

Edited by Gerhard Dannemann, Professor of English Law, British Economy and Politics, Humboldt-Universität zu Berlin, and Stefan Vogenauer, Professor of Comparative Law and Fellow of Brasenose College, University of Oxford; Director of the Oxford Institute of European and Comparative Law

Contributors: 
Professor Hugh Beale QC FBA, Professor of Law at the University of Warwick, Visiting Professor at the University of Oxford and the University of Amsterdam 
Professor Andrew Burrows QC (Hon) FBA, Professor of the Law of England, in University of Oxford, and Fellow of All Souls College, Oxford
Dr Christoph Busch, Maître en droit, Senior Researcher at the European Legal Studies Institute, Universität of Osnabrück
Professor John Cartwright, Professor of the Law of Contract, University of Oxford, Official Student and Tutor in Law, Christ Church, Oxford, Professor of Anglo-American Law, University of Leiden
Dr Mindy Chen-Wishart, Fellow in Law, Merton College, Oxford, Reader in Law, Faculty of Law, University of Oxford
Professor Dr Gerhard Dannemann, MA (Oxon), Faculty of Law and Centre for British Studies, Humboldt-Universität zu Berlin
Professor Dr Barbara Dauner-Lieb, Chair for Private Law, Commercial and Company Law, Labour Law, and the Development of European Private Law, Universität zu Köln
Professor James Devenney, Professor of Commercial Law, University of Exeter
Professor Mark Freedland FBA, Faculty of Law, University of Oxford and Emeritus Research Fellow in Law, St John's College, Oxford
Professor Dr Robert Freitag, Maître en droit, Chair for German, European, and International Private Law and Commercial Law, Friedrich-Alexander-Universität Erlangen-Nürnberg 
Professor Dr. Hans Christoph Grigoleit, Ludwig-Maximilians-University Munich, Chair for Civil Law, Commercial Law, Corporate Law and Private Law Theory
Dr Caroline Harvey, Research Fellow, Institute of European and Comparative Law, Faculty of Law, University of Oxford
Professor Dr Phillip Hellwege, Chair for Private Law, Commercial Law, and Legal History, Universität Augsburg
Professor Geraint Howells, Professor of Law, University of Manchester and Barrister, Gough Square Chambers, London
Dr Thomas Krebs, University Lecturer in Commercial Law, Fellow and Tutor in Law, Brasenose College, University of Oxford
Professor Dr Matthias Lehmann, DEA (Panthéon-Assas), LLM, JSD (Columbia), Martin-Luther-Universität Halle-Wittenberg
Professor Hector L. MacQueen, Professor of Private Law, University of Edinburgh, and Scottish Law Commissioner, Edinburgh 
Professor Emeritus Dr Ulrich Magnus, University of Hamburg, Judge (ret) at the Court of Appeal of Hamburg 
Bevan Marten, Lecturer in Law, Victoria University of Wellington
Professor Ewan McKendrick, Registrar and Herbert Smith Professor of English Private Law, University of Oxford; Fellow of Lady Margaret Hall, Oxford; Bencher of Gray's Inn
Professor Gerard McMeel, Professor of Law, University of Bristol
Dr Lucinda Miller, Senior Lecturer in Laws, University College London 
Dr Jonathan Morgan, Fellow and Director of Studies in Law, Corpus Christi College, University of Cambridge 
Professor Dr Thomas Pfeiffer, Chair for Civil Law, Private International Law, Comparative Law and International Dispute Resolution, Ruprecht-Karls-Universität Heidelberg
Professor Dr Karl Riesenhuber, Dr iur (Potsdam), MCJ (Austin, Texas), Professor of Private Law, German and European Commercial and Economic Law Ruhr-Universität Bochum
Professor Wolf-Georg Ringe, Professor of International Commercial Law at Copenhagen Business School
Professor Dr Martin Schmidt-Kessel, Director of the Centre of Consumer Law, University of Bayreuth, Full professor for German and European Consumer Law and Private Law and Comparative Law
Dr Michael Schillig, Senior Lecturer in International Commercial and Financial Law, University College London
Christopher Schuller, MA (Oxon), Attorney at Law (New York), Lecturer in English Law, Humboldt-Universität zu Berlin
Professor Dr Reiner Schulze, Chair for German and European Private Law, Westfälische Wilhelms-Universität Münster
Dr Kasper Steensgaard, Faculty of Law, University of Aarhus
Dr Peter W. Tettinger, Lecturer in Law, Universität zu Köln
Professor Christian Twigg-Flesner, Head of the Law School, Professor of Commercial Law, University of Hull
Professor Hannes Unberath, Professor of Law, DPhil (Oxon), MJur (Oxon), Universität Bayreuth
Professor Stefan Vogenauer, Professor of European and Comparative Law Institute for European and Comparative Law, Faculty of Law, University of Oxford and Brasenose College, Oxford
Professor Simon Whittaker, MA, DPhil, DCL (Oxon), Professor of European Comparative Law, University of Oxford; Fellow and Tutor in Law, St. John's College, Oxford
Professor Dr Wolfgang Wurmnest, Chair for German and European Private Law, Economic Law, Comparative and Private International Law, Gottfried Wilhelm Leibniz Universität Hannover
Alexander Zenefels, Faculty of Law, Universität Bayreuth

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