LEGAL AND PRACTICAL IMPLICATIONS OF THE PROPOSED COMMON EUROPEAN SALES LAW

Vjekoslav Puljko () and Mirela Zupan ()
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Vjekoslav Puljko: Josip Juraj.Strossmayer University of Osijek Faculty of Law, Republic of Croatia
Mirela Zupan: Josip Juraj.Strossmayer University of Osijek Faculty of Law, Republic of Croatia

Interdisciplinary Management Research, 2013, vol. 9, 717-727

Abstract: As sales contracts preformed within EU are governed by national contract laws, differences between them result in costly and complex cross-border trade. In order to remove this barrier to smooth functioning of the Single Market, in October 2011 the European Commission has proposed a Regulation on a Common European Sales Law.Th is optional legal instrument would become effective only when by express agreement parties of a cross-border sales contract choose to apply it. Such single set of rules for cross-border contracts in all 27 EU member states is claimed to be beneficial both for companies and consumers. Objective of this paper is to address the ratio, nature and overall context in which the proposed Regulation appears. Emphasis is placed in particular to the relation of this optional 28th regime to current system of European private international law, as well as to its relation to Vienna Convention on International Sale of Goods. Paper would briefly address the content and main line of Common European Sales Law provisions, in order to test it’s feasibility to enable favourable legal environment both for traders and consumers.

Keywords: Common European Sales Law; cross-border sale; EU; private international law (search for similar items in EconPapers)
JEL-codes: K10 K33 (search for similar items in EconPapers)
Date: 2013
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