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

Twigg-Flesner, Christian

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..

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),

• Journal Article Type: Article
• Publication Date: 2015-04
• Deposit Date: Dec 2, 2015
• Publicly Available Date: Nov 23, 2017
• Journal: European review of private law
• Print ISSN: 0928-9801
• Publisher: Kluwer Law International
• Peer Reviewed: Peer Reviewed
• Volume: 23
• Issue: 2
• Keywords: Common European sales law, Cross-border consumer transactions, European Union law
• Public URL: https://hull-repository.worktribe.com/output/382019
• 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
• Contract Date: Nov 23, 2017