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The Common European Sales Law in Context
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The Common European Sales Law in Context: Interactions with English and German Law

Gerhard Dannemann and Stefan Vogenauer

Abstract

European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (DCFR) to a European Commission proposal for an optional Common European Sales Law (CESL) which is to facilitate cross-border marketing. This book investigates for the how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters examine such interface issues, e.g., pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or ... More

Keywords: European Contract Law, European Commission, European Sales Law, cross-border marketing, CESL rules, DCFR rules, English courts, German courts

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199678907
Published to Oxford Scholarship Online: May 2013 DOI:10.1093/acprof:oso/9780199678907.001.0001

Authors

Affiliations are at time of print publication.

Gerhard Dannemann, editor
Professor of English Law, British Economy and Politics, Humboldt-Universität zu Berlin

Stefan Vogenauer, editor
Professor of Comparative Law and Fellow of Brasenose College, University of Oxford; Director of the Oxford Institute of European and Comparative Law

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Contents

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4 Conceptions of Contract

Simon Whittaker and Karl Riesenhuber

6 Language of Information, Contract, and Communication

Geraint Howells,* Bevan Marten, and Wolfgang Wurmnest

7 Pre-Contractual Duties

Kasper Steensgaard and Christian Twigg-Flesner

8 Conclusion of Contract

Caroline Harvey and Michael Schillig

9 The Right of Withdrawal

Reiner Schulze * and Jonathan Morgan

10 Interpretation of Contracts

Gerard McMeel and Hans Christoph Grigoleit

12 Control of Standard Contract Terms

Phillip Hellwege and Lucinda Miller

13 Representation

Robert Freitag and Thomas Krebs

14 Contract Terms in Favour of Third Parties

Andrew Burrows and Christoph Busch

15 Transfer of Rights and Obligations

Hugh Beale and Wolf-Georg Ringe

16 Supervening Events

Hannes Unberath and Ewan McKendrick

17 Obligations of Sellers and Buyers

Christopher Schuller and Alexander Zenefels

18 Specific Performance and Right to Cure

Hector L MacQueen, Barbara Dauner-Lieb, and Peter W Tettinger

19 Termination, Price Reduction, and Damages

Mindy Chen-Wishart and Ulrich Magnus

20 Control of Standard Terms and Collective Proceedings

James Devenney and Thomas Pfeiffer

End Matter