Volume 50 (2013)

Volume 50 (2013) / Issue 1/2

Lisa Bernstein, 'An (un)common frame of reference: An American perspective on the jurisprudence of the CESL' (2013) 50 Common Market Law Review, Issue 1/2, pp. 169–186

Abstract

This essay examines the ability of the recentlyproposed Common European Sales Lawto meet its goal of increasing cross-border tradeacross the Common Market, in light of itsdeeply realist jurisprudenceandits extensivereliance on the concepts of tradeusageandgood commercial practice. It concludesthat a more formalisticstatutethatprovidedmenus of clear contract default rulesandencouraged a jurisprudential approach similartothatadoptedby New York Courts, would have a better chance than the CESL of increasing cross-border trade, especiallyamong small and medium sizeenterprises.

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ISSN: 0165-0750
ID: COLA2013042