A Few Thoughts on the new Common European Sales Law
pages 123 - 142
ABSTRACT:

The authors present a few thoughts on the EU Commission initiative to create unified rules on international trade applicable inside the EU. To begin, there is a a summary of the legislative works leading to the draft Regulation on the Common European Sales Law. This law represents the first foray of the European legislators into the unification of the law through creation of an autonomous “28th regime” standing next to 27 MS national legal regimes. The authors then ruminate over the functionality of such a solution, as well as over the content of the proposed Regulation itself. Among those areas discussed are the practical issues of the application of the Regulation same as polemics, whether the new Regulation could stand the test of the present international law and if, at the end, it could satisfy its purpose of simplifying the intra EU sales law. 

keywords
CESL
Common European Sales Law
Harmonization
28th regime
CISG
B2C │B2B
private international law
application test
about the authors

JUDr. Filip Černý (*1982) works as a legal trainee in the Law Office of Bělohlávek, Prague, Czech Republic and pursues his PhD studies in international law at the Law Faculty of Charles University in Prague, where he also obtained his Juris Utrisque Doctor degree in 2010. Graduated from the Law Faculty of Masaryk University (Brno) in 2007, absolved exchange programme at the Law Faculty of Erasmus University in Rotterdam in 2006. Field of Interest: arbitration and public international law, with a specific focus on the investment arbitration.

e-mail: filip.cerny@ablegal.cz

The author is an arbitrator for international and inland disputes, a postgraduate student at the Faculty of Law, Masaryk University, Brno, an expert in the Center for Economic and Law Studies of Masaryk University for the International Trade module, and a member of a number of international arbitration institutions (profile: www.janhavlicek.com).

e-mail: info@janhavlicek.com

JUDr. Miluše Hrnčiříková, Ph.D., lecturer at the Department of Commercial Law and International Private Law, Faculty of Law od Palacký University in Olomouc.

e-mail: miluse.hrncirikova@upol.cz