Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law

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This book offers a critical analysis of the rules regarding the contents and effects of contracts proposed in the Common European Sales Law (CESL). Initially published by the European Commission in October 2011 and withdrawn in December 2014, the proposal garnered support from the European Parliament in February 2014. In May 2015, the Commission expressed its intent to revise the legislative proposal to further harmonize sales contract rights and obligations. The critical insights and suggestions in this book aim to assist the Commission and other national and supranational actors—such as courts, lawyers, stakeholders, contract parties, academics, and students—in navigating current and future European and national contract law instruments. The book is divided into two parts: the first includes five essays that explore the CESL's origins, ambitions, and potential future role, while the second provides specific comments on the model rules outlined in Chapter 7 (Art. 66-78). Together, these essays and comments address whether the rules in Art. 66-78 CESL could enhance or detract from the positions of consumers and businesses compared to national contract law provisions, with a comparative focus primarily on German and Dutch law.