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

See all articles by Lisa Bernstein

Lisa Bernstein

University of Chicago - Law School; University of Oxford - Centre for Corporate Reputation

Date Written: May 26, 2012

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.

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

Suggested Citation

Bernstein, Lisa E., 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: https://ssrn.com/abstract=2067196

Lisa E. Bernstein (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

University of Oxford - Centre for Corporate Reputation

Park End Street
Oxford OX1 1HP
United Kingdom

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