European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
1: Introduction
2: Gerhard Dannemann: Choice of CESL and Conflict of Laws
3: Stefan Vogenauer: Drafting and Interpretation
4: Simon Whittaker and Karl Riesenhuber: Conceptions of Contract
5: Mark Freedland and Matthias Lehmann: Non-Discrimination and the 'Constitutionalization' of Contract Law
6: Geraint Howells, Bevan Marten, and Wolfgang Wurmnest: Language of Information, Contract, and Communication
7: Christian Twigg-Flesner and Kasper Steensgaard: Pre-Contractual Duties
8: Caroline Harvey and Michael Schillig: Conclusion of Contract
9: Reiner Schulze and Jonathan Morgan: The Right of Withdrawal
10: Gerard McMeel and Hans Christoph Grigoleit: Interpretation of Contracts
11: John Cartwright and Martin Schmidt-Kessel: Defects in Consent: Mistake, Fraud, Coercion, Threats, Unfair Exploitation
12: Phillip Hellwege and Lucinda Miller: Control of Standard Contract Terms
13: Thomas Krebs and Robert Freitag: 'Representation'
14: Andrew Burrows and Christoph Busch: Contract Terms in Favour of Third Parties
15: Hugh Beale and Wolf-Georg Ringe: Transfer of Rights and Obligations
16: Ewan McKendrick and Hannes Unberath: Supervening Events
17: Christopher Schuller and Alexander Zenefels: Obligations of Sellers and Buyers
18: Hector L. MacQueen, Barbara Dauner-Lieb, and Peter W. Tettinger: Specific Performance and Right of Cure
19: Mindy Chen-Wishart and Ulrich Magnus: Termination, Price Reduction, and Damages
20: James Devenney and Thomas Pfeiffer: Control of Standard Terms and Collective Proceedings
21: Gerhard Dannemann: The CESL as Optional Sales Law: Interactions with English and German Law
22: Stefan Vogenauer: The DCFR and the CESL as Models for Law Reform
