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Der Vorschlag Einer Verordnung Über Ein Gemeinsames Europaeisches Kaufrecht (The Proposal of a Common European Sales Law)

15 Pages Posted: 12 Jun 2012  

Gerhard Wagner

Humboldt University School of Law; Erasmus School of Law; University of Chicago Law School

Date Written: November 17, 2011

Abstract

The European Commission's Proposal for a Regulation on a Common European Sales Law (CESL), published in October 2011, aims for an optional instrument of European Contract Law. The objectives of the Commission are twofold, namely to reduce transaction costs for businesses operating in the internal market and to provide for a high level of consumer protection. The present paper calls into doubt whether the proposal will reach the goal of reducing transaction costs as the choice-of-law rules leading the way into the CESL are complicated and fragmented. There is the real possibility that transaction costs will rise rather than decrease if the proposed regulation enters the competition between legal systems. On the second count of consumer protection the proposal heavily relies on mandatory rules which, it is argued, is an inadequate mode of legislation in the area of contract law.

The paper is written in German and formed the basis for a presentation to the Committee on Legal Affairs of the German parliament (Deutscher Bundestag) in its hearing on the proposed regulation in Berlin, November 21st, 2011.

Notes: Downloadable document is in German.

Keywords: European Contract Law, Harmonization of Contract Law, CESL, Consumer Protection

JEL Classification: K12

Suggested Citation

Wagner, Gerhard, Der Vorschlag Einer Verordnung Über Ein Gemeinsames Europaeisches Kaufrecht (The Proposal of a Common European Sales Law) (November 17, 2011). Available at SSRN: https://ssrn.com/abstract=2083124 or http://dx.doi.org/10.2139/ssrn.2083124

Gerhard Wagner (Contact Author)

Humboldt University School of Law ( email )

Unter den Linden 9
Berlin, 10099
Germany

Erasmus School of Law

3000 DR Rotterdam
Netherlands

University of Chicago Law School ( email )

1111 East 60th Street
Chicago, IL 60637
United States

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