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The proposed Common European Sales Law – contract calamity?

Overview

The European Commission has published its proposal for an optional Common European Sales Law which it says is aimed at facilitating cross-border transactions in the EU. The proposal follows the Commission's Green Paper in July 2010, which set out a series of possible options for a European contract law regime, and the publication of a feasibility study in May 2011 containing a draft contract code.


The Commission has long favoured an optional 28th contract law regime that would exist alongside the current national regimes. It believes that such an optional instrument will protect consumers and small businesses across Europe and help to increase cross-border trade.


This briefing outlines the proposed Common European Sales Law's background, its adoption by parties on a voluntary basis,  the proposals for further implementing measures, the legal basis for the Regulation, the next steps for adoption and the opposition to the proposal by the UK Government.


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