European Review of Private Law

Volume 23 (2015)

Volume 23 (2015) / Issue 2

Christian Twigg-Flesner, 'CESL, Cross-Border Transactions and Domestic Law: Why a Dual Approach Could Work (Although CESL Might Not)' (2015) 23 European Review of Private Law, Issue 2, pp. 231–249


Abstract: This article explores the case for legislation that focuses specifically on cross-border consumer transactions in the internal market. It argues that the existence of two parallel regimes (domestic and cross-border) is a positive step because the cross-border environment gives rise to different problems than the domestic context. It develops a notion of 'cross-border' that is different from that in Common European Sales Law (CESL), before considering the arguments for and against this approach. The positive view of a regulation focusing on cross-border transactions is combined with the argument in that the substantive provisions of CESL would need to be redrafted so as to fully address all the specific issues that arise in the cross-border context. Moreover, a cross-border CESL should be automatically applicable, i.e., not optional. It concludes that the step taken towards a cross-border regulation is a positive one, but that further work on the substance of a CESL is needed.

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ISSN: 0928-9801
ID: ERPL2015018