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Study On The Application Of The Common European Sales Law

Posted on:2015-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:C XuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The EU is a typical regional integration, which has a demonstration effect for theglobalization and the regionalization. EU attempts to achieve integration of theinternal market through the uniformity of the contract law systems, but the way ofwhich makes directives, regulations or reference texts does not really solve theproblem that laws’ disunity affect sales. In B2B or B2C cross-border transactions,laws’ disunity is one of the most important problems which trading body are facing, itincreased transaction costs, and affect the activity of the subjects. The proposal ofCommon European Sales Law (CESL) was brought into being. Although the goal ofthe proposal is to promote integration of internal market, but as a new thing, itscontent arose controversy which is based on the application of CESL. Therefore, wecan understand the rationality of the proposal better only through the study of theapplication of CESL. This article studies from the perspective of the application ofCESL, contrasts and analyses the different between the proposal and the traditionaltheory or regulations, to find its strengths and weaknesses.In this paper, it describes the reasons for the selection of the topic and the significanceof the selection in the foreword, also include the brief of study’s scope and methods.The proposal is an important action to unified European internal market, and it has huge effect on the Europe’s economy and the world’s. The paper takes historicalanalysis and comparative analysis to study the application of CESL. The first part ofthe paper states the background of the proposal, reach the inevitability of proposal,and this part introduces the basic structure of CESL, analyses the value of the study.The second part discusses the status of the study on the rationality of CESL. Thesupporters’ points analysed its importance for the Member States to break the barrierswhich preclude the cross-border transactions. The opponent criticized that its scope istoo narrow, and it lacks attractiveness to the parties. The third part is the core of thispaper. Through combining similar regulations, it studies the proposal’s application,contract type, subject, and the subject matter of the contract and so on, and carries outa detailed study on its strengths and weaknesses, makes some suggestions. The forthpart discusses the differences and the relations between CESL and CISG. AlthoughCESL and CISG are all to promote cross-border transactions, they still have bigdifferences, just like the premise of the application, the type of contract and thesubject, the efforts of consumer protection. But it not enough to make CISG to bereplaced, they competed each other. CESL sometimes need CISG’s supplement. Thelast part is the conclusion, it summarizes the study, analyzes its impact, gives someadvices, and expects the future of CESL.
Keywords/Search Tags:European Integration, the Common European SalesLaw, proposal, application, rationality
PDF Full Text Request
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