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The Common European Sales Law in ContextInteractions with English and German Law$
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Gerhard Dannemann and Stefan Vogenauer

Print publication date: 2013

Print ISBN-13: 9780199678907

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199678907.001.0001

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Choice of CESL and Conflict of Laws

Choice of CESL and Conflict of Laws

(p.21) 2 Choice of CESL and Conflict of Laws
The Common European Sales Law in Context

Gerhard Dannemann

Oxford University Press

This chapter examines the interactions between the proposed Common European Sales Law (CESL) and domestic and other European law. It first discusses general issues relating to the application of the CESL. This includes the requirements that must be met for the CESL to apply to a contract; the consequences of any failed choice; the scope of the CESL; the consequences of a choice of CESL outside the situations envisaged by the Commission proposal; specific problems which a choice of CESL can cause before courts outside the European Union; the relationship between CESL provisions and other consumer protection provisions; and overriding mandatory provisions. The chapter then looks at how the CESL interfaces, from a conflict of laws viewpoint, with various areas of law, including the law of obligations; of unfair trade practices; property law; intellectual property law; and procedural law, including jurisdiction and collective proceedings against standard terms.

Keywords:   Common European Sales Law, European law, EU law, contract law, conflict of law, law of obligations, unfair trade, property law, intellectual property law, procedural law

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