The emergence of European Contract Law as a field of enquiry has been matched by a burgeoning literature. This includes textbooks, casebooks, monographs and commentaries as well as at least one journal and huge number of journal articles. As the field has matured, so has its elaboration and analysis by scholars, though it remains a field replete with contested viewpoints and many controversies. This new work by one of Germany's most well-known and respected private law scholars, seeks to present a complete and coherent view of the subject from the perspective of the jurisdiction which has arguably had more responsibility than any other for influencing the shape and content of European contract law.
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Common European Sales LawANNEX ICOMMON EUROPEAN SALES LAWPart IIntroductory provisionsChapter 1General principles and applicationSection 1General principlesSection 2ApplicationPart IIMaking a binding contractChapter 2Pre-contractual informationSection 1Pre-contractual information to be given by a trader dealing with a consumerSection 2Pre-contractual information to be given by a trader dealing with another traderSection 3Contracts concluded by electronic meansSection 4Duty to ensure that information supplied is correctSection 5Remedies for breach of information dutiesChapter 3Conclusion of contractChapter 4Right to withdraw in distance and off-premises contracts between traders and consumersChapter 5Defects in consentPart IIIAssessing what is in the contractChapter 6InterpretationChapter 7Contents and effectsChapter 8Unfair contract termsSection 1General provisionsSection 2Unfair contract terms in contracts between a trader and a consumerSection 3Unfair contract terms in contracts between tradersPart IVObligations and remedies of the parties to a sales contract or a contract for the supply of digital contentChapter 9General provisionsChapter 10The seller's obligationsSection 1General provisionsSection 2DeliverySection 3Conformity of the goods and digital contentChapter 11The buyer's remediesSection 1General provisionsSection 2Cure by the sellerSection 3Requiring performanceSection 4Withholding performance of buyer's obligationsSection 5TerminationSection 6Price reductionSection 7Requirements of examination and notification in a contract between tradersChapter 12The buyer's obligationsSection 1General provisionsSection 2Payment of the priceSection 3Taking deliveryChapter 13The seller's remediesSection 1General provisionsSection 2Requiring performanceSection 3Withholding performance of seller's obligationsSection 4TerminationChapter 14Passing of riskSection 1General provisionsSection 2Passing of risk in consumer sales contractsSection 3Passing of risk in contracts between tradersPart VObligations and remedies of the parties to a related service contractChapter 15Obligations and remedies of the partiesSection 1Application of certain general rules on sales contractsSection 2Obligations of the service providerSection 3Obligations of the customerSection 4RemediesPart VIDamages and interestChapter 16Damages and interestSection 1DamagesSection 2Interest on late payments: general provisionsSection 3Late payments by tradersPart VIIRestitutionChapter 17RestitutionPart VIIIPrescriptionChapter 18PrescriptionSection 1General provisionsSection 2Periods of prescription and their commencementSection 3Extension of periods of prescriptionSection 4Renewal of periods of prescriptionSection 5Effects of prescriptionSection 6Modification by agreementANNEX IISTANDARD INFORMATION NOTICEEXPLANATORY MEMORANDUM
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