You have no items in your shopping cart.

The Common European Sales Law in Context

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

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199678907
  • Published In: March 2013
  • Format: Hardback , 864 pages
  • Jurisdiction: European Union ? Disclaimer:
    Countri(es) stated herein are used as reference only
Out of stock
OR
  • Description 
  • Contents 
  • Author 
  • 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

  • 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

  • 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

You may also be interested in these books: