Publication Type

Journal Article

Version

publishedVersion

Publication Date

7-2012

Abstract

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

Keywords

European contract law, optional instrument, legal basis, harmonization

Discipline

Contracts | European Law

Research Areas

Asian and Comparative Legal Systems

Publication

Maastricht Journal of European and Comparative Law

Volume

19

Issue

1

First Page

132

Last Page

147

ISSN

1023-263X

Identifier

10.1177/1023263X1201900111

Publisher

SAGE Publications (UK and US)

Additional URL

https://doi.org/10.1177/1023263X1201900111

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