Original scientific paper
EUROPEAN CONTRACT LAW ON THE WAY FROM SOFT TO HARD LAW AN OVERVIEW OF THE OPTIONAL COMMON EUROPEAN SALES LAW (CESL)
Emilia Mišćenić
; Pravni fakultet Sveučilišta u Rijeci
Abstract
The approximation of regulations of EU Member States’ contract laws represents one of the most efficient means for the establishment and strengthening of the single internal market. However, the shortcomings in the approach of the European legislator to the harmonisation of the EU Member States’ contract law resulted in numerous problems that led to the alienation from the mentioned goal. Therefore, at the EU level efforts are made to develop a new and more acceptable approach to harmonisation, which are accompanied not only by numerous communications of the Commission, resolutions of the European Parliament and projects aimed at consolidation and harmonisation, but also by attempts of contract law codification. The latter activities encompass the development from the first Resolution of the European Parliament of 1989, over Lando principles, the revision of the existing acquis in the field of consumer protection law, CFR, Directive 2011/83/EU on consumer rights to the Commission's Proposal for a Regulation on a Common European Sales Law (CESL). Since the adoption of the Regulation would undoubtedly significantly influence the development of the European contract law, the author tries to determine its main advantages and disadvantages by analysing key provisions of the proposed optional instrument.
Keywords
European private law; European contract law; approximation; internal market; Common European Sales Law; CESL; CISG; Directive 2011/83/EU
Hrčak ID:
107282
URI
Publication date:
20.12.2012.
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