The Proposal for a Regulation on a Common European Sales Law: Shortcomings of the Most Recent Textual Layer of European Contract Law

2012 ◽  
Author(s):  
Horst G. M. Eidenmueller ◽  
Nils Jansen ◽  
Eva-Maria Kieninger ◽  
Gerhard Wagner ◽  
Reinhard Zimmermann
Keyword(s):  
Contract Law ◽  
European Contract ◽  
Common European Sales Law ◽  
Textual Layer ◽  
European Contract Law

The Proposal for a Regulation on a Common European Sales Law: Deficits of the Most Recent Textual Layer of European Contract Law

2012 ◽  
Vol 16 (3) ◽  
pp. 301-357 ◽  
Author(s):  
Horst Eidenmüller ◽  
Nils Jansen ◽  
Eva-Maria Kieninger ◽  
Gerhard Wagner ◽  
Reinhard Zimmermann
Keyword(s):  
Contract Law ◽  
European Contract ◽  
Common European Sales Law ◽  
Textual Layer ◽  
European Contract Law

Commentaries on European Contract Laws

2018 ◽  
Author(s):  
Nils Jansen ◽  
Reinhard Zimmermann
Keyword(s):  
Contract Law ◽  
Integrative Approach ◽  
Consumer Contract ◽  
European Contract ◽  
Related Services ◽  
Broad Perspective ◽  
Complex Picture ◽  
General Contract Law ◽  
Common European Sales Law ◽  
European Contract Law

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Duty to renegotiate in international commercial law and uncontemplated behavioural effects

2020 ◽  
Vol 27 (4) ◽  
pp. 445-464
Author(s):  
Mitja Kovač
Keyword(s):  
Contract Law ◽  
Jel Classification ◽  
Commercial Law ◽  
European Contract ◽  
Behavioural Effects ◽  
The Subject ◽  
Unforeseen Contingencies ◽  
Common European Sales Law ◽  
International Instruments ◽  
European Contract Law

This paper explores possible uncontemplated effects and behavioural implications created by duty-to-negotiate provisions in international instruments. More precisely, the paper considers how five different international instruments approach the subject, namely the Convention on Contracts for the International Sale of Goods (CISG), UNIDROIT Principles of International Commercial Contracts (PICC), Principles of European Contract Law (PECL), Draft Common Frame of Reference (DCFR) and Common European Sales Law (CESL). The extent to which these international and European legal instruments correspond to recent economic and behavioural findings is examined. Moreover, an economically inspired analysis is conducted of the uncontemplated consequences of the duty to renegotiate that well-intended international lawmakers never anticipated. Further, it is suggested that game theoretical and behavioural reasons might exist for adopting a cautious approach to the duty to renegotiate in instances of unforeseen contingencies as found in the CISG as well as the English, German, US and Scottish law of contracts. JEL classification: C23, C26, C51, K42, O43

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