Die Regelung der Willensmängel im Vorschlag für eine Verordnung über ein Gemeinsames Europäisches Kaufrecht (Defects in Consent in the Proposal for a Regulation on a Common European Sales Law)
Archiv für die civilistische Praxis (AcP), Vol. 211, No. 6, pp. 845-885, December 2011
Posted: 28 Nov 2011 Last revised: 2 Sep 2012
Date Written: November 22, 2011
This article provides an in-depth analysis of Chapter 5 'Defects in consent' of the optional Common European Sales Law that was proposed by the Commission 11th October 2011. The provisions of this chapter are put into perspective, and the author takes account of the developments of each norm from the PECL to the DCFR and the feasibility study of the Expert Group that was published in May 2011. Each provision is commented upon and, where necessary, detailed suggestions for changes are made. If, but only if, these suggestions are taken up, Chapter 5 of the optional Common European Sales Law will generally be in line with the modern development in the European legal systems and a wide consensus amongst legal scholars in Europe. In the present state, Chapter 5 could not yet serve as part of an acceptable Common European Sales Law.
Please note that this is an article published in German.
Keywords: common European sales law, defects in consent, European contract law, feasibility study, mistake, fraud, duress, threats, unfair exploitation
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