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Kåre Lilleholt

Kåre Lilleholt. Comparative Private Law 2012. A Common European Sales Law?. Proposal for regulation: COM(2011) 635 final An optional “2 nd regime” for cross-border contracts Scope: sales of goods, supply of digital content, related services Relevance for comparative law.

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Kåre Lilleholt

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  1. Kåre Lilleholt Comparative Private Law 2012

  2. A Common European Sales Law? • Proposal for regulation: COM(2011) 635 final • An optional “2nd regime” for cross-border contracts • Scope: sales of goods, supply of digital content, related services • Relevance for comparative law

  3. Contract law in Europe • Varies from country to country • Private international law • Uniform law • CISG • EU legislation, minimum harmonisation, total harmonisation • Model laws etc.: UNIDROIT Principles, PECL, DCFR

  4. The process up to CESL • The Commission’s Action Plan (2003) • CoPECL Network (2005) • Draft Common Frame of Reference (2009) • Study Group on a European Civil Code • Acquis Group • French texts on terminology and principles (2008) • Feasibility Study (2011) • CESL (2011)

  5. The DCFR • Black letter rules • Comments • Comparative notes

  6. Contents DCFR • Book I General provisions • Book II Contracts and other juridical acts • Book III Obligations and corresponding rights • Book IV Specific contracts and the rights and obligations arising from them • Book V Benevolent intervention in another’s affairs

  7. Contents DCFR (ctd.) • Book VINon-contractual liability arising out of damage caused to another • Book VIIUnjustified enrichment • Book VIII Acquisition and loss of ownership in movables • Book IX Proprietary security rights in movable assets • Book XTrusts

  8. EU legislation on contracts • Primarily on consumer contracts • Most recent: Consumer Rights Directive (2011/83) • deadline 13 December 2012 • contracts concluded after 13 June 2014

  9. CESL – a second regime German law Norwegian law Existinglaw CESL Existinglaw CESL French law Existinglaw CESL

  10. Application of CESL • Chosen by the parties • Cross-border contract (unless otherwise decided) • At least one party in a Member State • Contract for the sale of goods, for the supply of digital content, related services • Trader and consumer or SMB (unless otherwise decided)

  11. Recourse to other law? • Autonomous interpretation • Issues with the scope of CESL must be settled without recourse to national law

  12. Content of CESL • Making a binding contract • Interpretation • Obligations and remedies • Damages and interest • Restitution • Prescription

  13. Consclusion of contract • Definition of contract • Offer and acceptance • Right to withdraw • Defects in consent

  14. Voidability due to mistake • Article 48 • Inaccuracy in communication

  15. Interpretation • Common intention • Particular meaning known to the other party • Meaning that a reasonable person would give to it • Relevant matters • circumstances • practices • good faith and fair dealing

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