LEGAL ENVIRONMENT FOR B2B CROSS-BORDER SALES BETWEEN CISG AND CESL

Charlotte Ene () and Ileana Voica ()
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Charlotte Ene: Law Department, Bucharest University of Economic Studies
Ileana Voica: Law Department, Bucharest University of Economic Studies

Perspectives of Law and Public Administration, 2015, vol. 4, issue 1, 159-162

Abstract: The main purpose of the Proposal for a Regulation on a Common European Sales Law (CESL) is to establish “a comprehensive set of uniform contract law rules covering the whole life -cycle of a contract” In the field of B2B transaction, the CESL, a regional legal provision, seems to bear several similarities with the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 1980. This paper will examine the relationship between both legal instrument for uniformisation of sales law at regional and global leve l. Thus, it will compare the provisions regarding the major aspects of the commercial sale contract, such as: the objectives, the scope of application, the formation of contract, the rights and obligations of the parties, and the conflict of laws problem, as well. In the end, it will be analyzed whether the CESL offer better solutions than those already found in the CISG in order to stimulate the cross-border sales.

Keywords: CISG; CESL; Private International Law; Sales Law; harmonization; B2B transactions. (search for similar items in EconPapers)
JEL-codes: K12 K22 (search for similar items in EconPapers)
Date: 2015
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