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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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European Perspectives on Common European Sales Law

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Edited by: Javier Plaza Penades, Luz M. Martinez Velencoso

ISBN13: 9783319104966
Published: December 2014
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

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International Trade, EU Law
Javier Plaza Penades and Luz M. Martinez Velencoso
Introduction The CESL proposal
Ana Sofia Gomes
Chapter 1 Some Private International Law Issues
Guillermo Palao Moreno
Chapter 2 Formation of contract
Jakub J. Szcerbowski
Chapter 3 The mandatory nature of the right of withdrawal
Carmen Azcarraga Monzonis and Raquel Guillen Catalan
Chapter 4 The integration of advertising statements into the contractual offer
Francisco Infante Ruiz
Chapter 5 Unfair contract terms
Hans Fredrik Marthinussen
Chapter 6 Breach of contract
Martin Schmidt-Kessel and Eva Sylkens
Chapter 7 Change of circumstances
Luz M. Martinez Velencoso
Chapter 8 Non conformity of the goods and digital content and remedies
Maria Paz Garcia Rubio
Chapter 9 Passing of risk
Francisco Oliva Blazquez
Chapter 10 Main aspects of the rules on digital content
Javier Plaza Penades
Chapter 11 Obligations and remedies of the parties to a related service contract
M. Jose Reyes Lopez
Chapter 12 Damages
Matthias Lehmann
Chapter 13 Restitution
Adela Serra Rodriguez
Chapter 14 Prescription
Luz M. Martinez Velencoso and Andrew O'Flynn