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CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not)

Twigg-Flesner, Christian

Authors

Christian Twigg-Flesner

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..

Journal Article Type Article
Publication Date 2015-04
Journal European review of private law
Print ISSN 0928-9801
Publisher Kluwer Law International
Peer Reviewed Peer Reviewed
Volume 23
Issue 2
Institution Citation Twigg-Flesner, C. (2015). CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not). European review of private law = Revue européenne de droit privé = Europäische Zeitschrift für Privatrecht, 23(2),
Keywords Common European sales law, Cross-border consumer transactions, European Union law
Publisher URL http://www.kluwerlawonline.com/abstract.php?area=Journals&id=ERPL2015018
Additional Information Copy of article first published in: European review of private law, 2015, v.23, issue 2

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© [2015] Kluwer Law International BV



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