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http://ssrn.com/abstract=2067196
 
 

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


Lisa Bernstein


University of Chicago Law School

May 26, 2012

Common Market Law Review, Forthcoming
University of Chicago Institute for Law & Economics Olin Research Paper No. 606

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

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Date posted: May 27, 2012 ; Last revised: August 2, 2012

Suggested Citation

Bernstein, Lisa, An (Un) Common Frame of Reference: An American Perspective on the Jurisprudence of the CESL (May 26, 2012). Common Market Law Review, Forthcoming; University of Chicago Institute for Law & Economics Olin Research Paper No. 606. Available at SSRN: http://ssrn.com/abstract=2067196

Contact Information

Lisa E. Bernstein (Contact Author)
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
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