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Vol 24 No 12 Dec 19/Jan 20

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The Politics of European Sales Law: A Legal-Political Inquiry into the Drafting of the Uniform Commercial Code

ISBN13: 9789041127525
Published: October 2008
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £126.00

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We like to think that sales law is technical. The presumption that it is possible to draft a Civil Code without making ideological choices - and that codification can be regarded as essentially technical - would appear to be the leading view. This book investigates the political stakes involved in the drafting of private law, more particularly in the drafting a European contract law. As is demonstrated by this original and powerful book, the drafting of private law - sales law in particular - cannot be considered apolitical or value-free. Many crucially important issues rise to the surface of debate in the process of this analysis, including the following:

  • the roles of scholars, interest groups, and constituency factors in legislative processes;
  • the conception of technicality of legal doctrine;
  • the use of policy argument based on the premise of its neutrality;
  • movements or rule alternatives along continuums of altruism/ individualism and buyer/seller interests.
  • the development of the provisions on scope, the possibility to derogate, distribution of liability and remedies during the legislative processes of five instruments of sales law; and
  • transparency in legislative processes. Rather than having a reformist agenda, the author’s intent is to contribute to the understanding of the political stakes in legislative processes, and in the area of sales law in particular. In offering those involved in the ‘Europeanisation’ of private law an alternative view to the received understanding, this book provides ample evidence that the development of sales law is politics and argues that the organisation of the drafting process of European private law may lead to results inconsistent with the project’s ambitions.

  • Series: Private Law in European Context

    The Politics of the Draft Common Frame of Reference ISBN 9789041131416
    Published July 2009
    Kluwer Law International
    Standard Contract Terms in Europe: A Basis for and a Challenge to European Contract Law ISBN 9789041127846
    Published October 2008
    Kluwer Law International
    Constitutional Values and European Contract Law ISBN 9789041127655
    Published July 2008
    Kluwer Law International
    Private Law and the Many Cultures of Europe ISBN 9789041125934
    Published August 2007
    Kluwer Law International
    Reframing Self-Regulation in European Private Law ISBN 9789041125316
    Published December 2006
    Kluwer Law International
    The Politics of a European Civil Code ISBN 9789041124104
    Published March 2006
    Kluwer Law International
    The Forthcoming EC Directive on Unfair Commercial Practices
    Edited by: Hugh Collins
    ISBN 9789041122247
    Published February 2004
    Kluwer Law International
    The New European Private Law ISBN 9789041119629
    Published October 2002
    Kluwer Law International
    An Academic Green Paper on European Contract Law
    ISBN 9789041118530
    Published August 2002
    Kluwer Law International
    The Common Core of European Private Law: Essays on the Project ISBN 9789041118523
    Published July 2002
    Kluwer Law International