An (Un) Common Frame of Reference: An American Perspective on the Jurisprudence of the CESL

Abstract:     
This essay examines the ability of the recently proposed Common European Sales Law to meet its goal of increasing cross-border trade across the Common Market, in light of its deeply realist jurisprudence and its extensive reliance on the concepts of trade usage and good commercial practice. It concludes that a more formalistic statute that provided menus of clear contract default rules and encouraged a jurisprudential approach similar to that adopted by New York Courts, would have a better chance than the CESL of increasing cross-border trade, especially among small and medium size enterprises.

Number of Pages in PDF File: 19

Keywords: European Sales Law, Commerical Law, Usage of Trade

Accepted Paper Series