An (Un) Common Frame of Reference: An American Perspective on the Jurisprudence of the CESL
19 Pages Posted: 27 May 2012 Last revised: 2 Aug 2012
Date Written: May 26, 2012
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.
Keywords: European Sales Law, Commerical Law, Usage of Trade
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