According to the European Commission, differences in contract law and the additional transaction costs and complexity they generate in cross-border transactions dissuade a considerable number of traders, in particular SMEs, from expanding into markets of other Member States. These differences are also said to limit competition in the internal market. Furthermore, they underlie the European Commission’s draft Regulation for a Common European Sales Law (CESL). The 2012 Ius Commune workshop on Contract Law was dedicated to the position of SMEs in European Contract law and focused on their contractual relations with other SMEs (SME2SME), consumers (SME2C and C2SME) and larger companies (B2SME and SME2B). Is there a need for a kind of “consumer law for professionals”?
This book contains the most interesting and challenging contributions to this workshop.
The Position of Small and Medium-Sized Enterprises in European Contract Law: An Introduction (p. 1)
Chapter 1. SMEs in the Common European Sales Law (p. 9)
Chapter 2. Can the Common European Sales Law do without the definition of an SME? (p. 27)
Chapter 3. A Consumer Law for Professionals: Radical Innovation or Consolidation of National Practices? (p. 41)
Chapter 4. The CESL and its Unfair Terms Protection for SMEs (p. 73)
Chapter 5. Unfair Terms in Contracts Between Businesses: A Comparative Overview in Light of the Common European Sales Law (p. 83)
Chapter 6. Harmonisation of Rules on Business-to-Business Marketing Practices: A Critical Analysis of the MCAD Report (p. 137)
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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).