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Title European perspectives on the common European sales law / Javier Plaza Penadés, Luz M. Martínez Velencoso, editors
Published Cham : Springer, [2014]
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Description 1 online resource (xi, 311 pages) : illustrations
Series Studies in European economic law and regulation, 2214-2037 ; volume 4
Studies in European economic law and regulation ; volume 4
Contents "Preface "; "Contents"; "Contributors"; "Chapter-1"; "The Proposal for a Regulation on a Common European Sales Law (CESL): An Introduction"; "1.1 Introduction"; "1.2 Background"; "1.3 Objective and Subject Matter"; "1.4 Scope of Application"; "References"; "Chapter-2"; "Some Private International Law Issues"; "2.1 Legal Context of the Proposal"; "2.2 Main Elements of the Proposal"; "2.2.1 Substantive Scope of Application"; "2.2.2 Cross-Border Contracts"; "2.2.3 Optional Character"; "2.2.4 Material Choice"; "2.3 Concluding Remarks"; "References"; "Chapter-3"; "Formation of Contract."
"3.1 Introduction""3.2 “Causa�, Consideration and the Intention to be Legally Bound"; "3.3 Models of Contract Formation"; "3.3.1 Offer and Acceptance"; "3.3.2 Negotiations"; "3.3.3 Auction"; "3.4 Modified Acceptance"; "References"; "Chapter-4"; "The Mandatory Nature of the Right of Withdrawal"; "4.1 Introduction"; "4.2 Legal Antecedents: The Regulation in the DCFR"; "4.2.1 The Right of Withdrawal in the DCFR"; "4.2.2 Information Duties in the DCFR"; "4.3 Right of Withdrawal in the CESL "; "4.3.1 Beneficiaries and Mandatory Nature of the Right of Withdrawal."
"4.3.2 Scope of Application of the Right of Withdrawal""4.3.3 Withdrawal Period"; "4.3.4 Form of Exercising the Right of Withdrawal"; "4.3.5 Effects of Withdrawal: Restitution of Performances"; "4.3.6 Duty to Provide Information"; "4.4 Conclusions"; "References"; "Chapter-5"; "The Integration of Advertising Statements into the Content of the Contract"; "5.1 Introduction"; "5.2 Basis for the Integration of Advertising into the Content of the Contract: Good Faith"; "5.3 The Legal Consideration of Advertising in Connection with the Contract Offer."
"5.3.1 Advertising, Pre-contractual Information and Offer""5.3.2 PECL-DCFR System"; " Framework of the General Regulation of Contract"; " Framework of the Particular Regulation of Sales"; "5.3.3 Proposal for a Regulation on a Common European Sales Law (CESL)"; " Article 69 CESL: Which Public Statements Made by a Trader Should be Implied in the Terms of the Contract?"; " Article 100(f) CESL: Pre-contractual Statements (Qualities and Performance Capabilities) as Criteria for Conformity"; " Criticism"; "5.4 Overview in Certain National Laws."
"5.4.1 General Profiles""5.4.2 English Law"; "5.4.3 German Law"; "5.4.4 Spanish Law"; "5.5 Consequences of the Inclusion of Advertising Statements in Contract"; "5.5.1 Remedies"; "5.5.2 Liability of the Advertiser to the Consumer: Issues Not Covered"; "5.6 Conclusions"; "References"; "Chapter-6"; "Unfair Contract Terms"; "6.1 Introduction"; "6.2 The Nordic Contract Acts, ÂÂ 36"; "6.2.1 Structure and Wording of the Legislative Text"; "6.2.2 ÂÂ 36 in the Supreme Courts"; "6.2.3 The Relationship with the Directive on Unfair Terms in Consumer Contracts."
Summary This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.​
Bibliography Includes bibliographical references and index
Notes Online resource; title from PDF title page (SpringerLink, viewed December 11, 2014)
Subject Sales -- European Union countries.
Form Electronic book
Author Martínez Velencoso, Luz M., editor
Plaza Penadés, Javier, editor
ISSN 2214-2037
ISBN 3319104969
3319104977 (electronic bk.)
9783319104973 (electronic bk.)