CESL, Cross-Border Transactions and Domestic Law – Why a Dual Approach Could Work (Although CESL Might Not)
Christian TWIGG-FLESNER, “CESL, Cross-border transactions and domestic law – why a dual approach could work (although CESL might not)” (2015) 23 European Review of Private Law 231-249
13 Pages Posted: 7 Nov 2015
Date Written: February 20, 2015
This paper explores the case for legislation which focuses specifically on cross-border consumer transactions in the internal market. It argues that the existence of two parallel regimes (domestic and cross-border) is a positive step because the cross-border environment gives rise to different problems than the domestic context. It develops a notion of “cross-border” which is different from that in CESL, before considering the arguments for and against this approach. The positive view of a Regulation focusing on cross-border transactions is combined with the argument in that the substantive provisions of CESL would need to be redrafted so as to fully address all the specific issues which arise in the cross-border context. Moreover, a cross-border CESL should be automatically applicable, i.e., not optional. It concludes that the step taken towards a cross-border regulation is a positive one, but that further work on the substance of a CESL is needed.
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