In 2011, two major instruments of European contract law were published: the 2011 Consumer Rights Directive (CRD) was enacted and the proposal for a Common European Sales Law (CESL) was launched. Both instruments aim at improving the internal market. Whereas the CRD aims at B2C contracts, the CESL may be applied, as an optional instrument, both to B2C and B2B contracts. In this book, both instruments are discussed. Decock and Chirita approach the CRD from an historical and a competition law perspective; Van Schagen argues that the way the CESL is drafted endangers its chances of being applied in practice. De Bruijn, Dang Vu, Kruisinga, Jansen and Keirse address several matters regarding the remedies for non-conformity under the CESL. The book opens, however, with three more general papers. Loos and Keirse first address the development of European private law, from the 1975 Consumer Policy Programme to the CRD and the CESL. Wouters addresses the relationship between private law, global governance and the European Union, and Boele-Woelki draws attention to the harmonisation of European matrimonial property law.
This book thus represents the most important developments in the area of European private law. As such, it will provide important insights for the practitioner and academic interested in the course of these developments.
The optional instrument and the Consumer Rights Directive: alternative ways to a new ius commune in contract law – introduction (p. 1)
Private law, global governance and the European Union (p. 21)
Cross-border family relations in Europe: towards a common European matrimonial property law based upon cooperation between private international law and substantive law (p. 33)
A historical perspective on the protection of weaker parties: non-state regulators, colonial trade, and the market for junk bonds (16th–17th centuries) (p. 49)
The impact of Directive 2011/83/EU on consumer rights (p. 65)
The proposal for a Common European Sales Law: How its drafting process might affect the optional instrument’s added value for contract parties and its success (p. 85)
Historical perspectives on the remedies (p. 111)
Remedies in the European harmonisation projects: enforced performance, termination and damages (p. 125)
The seller’s right to cure in the CISG and the Common European Sales Law (p. 157)
Price reduction as a remedy in European contract law and the consumer acquis (p. 169)
Suspension as a temporary defence in European contract law (p. 219)
Rethinking the treatment of the mitigation of loss under the Common European Sales Law (p. 231)
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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.
Guidelines for the submission of a manuscript or proposal can be found here.
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).