The Common European Sales Law and Mandatory Provisions in the Conflict of Laws

20 Pages Posted: 22 Dec 2012

Date Written: December 21, 2012

Abstract

This article analyses the relationship between the proposed Common European Sales Law (CESL) and mandatory provisions of national law. It is argued that the embedding of this optional sales regime in the conflict of laws makes the application of mandatory provisions inevitable. In particular the application of overriding mandatory provisions might disturb the planned operation of CESL and render the desired harmonisation illusory. This should be taken as a reason to rethink the overly broad definition of overriding mandatory provisions under the Rome I Regulation and rationalise this intruder into the conflict of laws system.

Keywords: Common European Sales Law, overriding mandatory provisions, conflict of laws, consumer protection, Rome I Regulation

Suggested Citation

Bisping, Christopher, The Common European Sales Law and Mandatory Provisions in the Conflict of Laws (December 21, 2012). Warwick School of Law Research Paper No. 2012/23. Available at SSRN: https://ssrn.com/abstract=2192501 or http://dx.doi.org/10.2139/ssrn.2192501

Christopher Bisping (Contact Author)

University of Warwick ( email )

Gibbet Hill Rd.
Coventry, West Midlands CV4 8UW
United Kingdom

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