Unitas via Diversitas. Can the common European sales law harmonize through diversity?

• Main Author: LOW, Gary
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2012
• Subjects: European contract law; optional instrument; legal basis; harmonization; Contracts; European Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/2550; https://ink.library.smu.edu.sg/context/sol_research/article/4508/viewcontent/SSRN_id1991070.pdf
• Institution: Singapore Management University

The proposed Regulation for a Common European Sales Law (CESL),1 unveiled on 11 October 2011, marks the opening legislative salvo on the future of European contract law. Besides critique from private lawyers on the substantive content therein,2 the legality of the CESL under Union law may be called into question.3 The CESL cites Article 114 of the Treaty on the Functioning of the European Union (TFEU) as its legal basis." In so doing, it goes against the grain of received wisdom: virtually all the studies on the subject ruled out the use of Article 114 TFEU in favour of Article 352 TFEU insofar as the chosen vehicle is an optional instrument.5