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EU Private Law and the CISG: The Effects for National Law

Edited by: Zvonimir Slakoper, Ivan Tot

ISBN13: 9780367512750
Published: September 2021
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00

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EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary.

The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion.

The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

Contract Law, EU Law
Chapter 1. EU Private Law and the CISG: An Introduction
Zvonimir Slakoper and Ivan Tot
Part I: EU Private Law and the National Private Law Systems
Chapter 2. Implementing Directive 2019/770/EU on Contracts for the Supply of Digital Content and Services: A Common Law Perspective
Paula Giliker
Chapter 3. Aggressive Practices and Consumer Credit in the EU
Eleni Kaprou
Chapter 4. Challenges of Cross-Border Enforcement of Consumer Law: Unfair Contract Terms
Karmen Lutman
Chapter 5. Unfair Contract Terms Relating to Late Payment in Commercial Transactions: Late Payment Directive and Its Transposition into Croatian Law
Ivan Tot
Chapter 6. Full Freedom of Contract in Commercial Agency Law: A Road Less Travelled
Stephan Walter
Chapter 7. Comparative Perspectives on Disgorgement of Profits in Tort and Contract
Albert Ruda-González
Part II: The Forty Years of the CISG
Chapter 8. Auctions and Auctionlike Selling Mechanisms in International Sale of Goods: A Call for Revisiting Article 2(b) CISG?
Kristijan Poljanec
Chapter 9. Relieving the Contract of Problems that Reservations Create under Articles 12 and 96 CISG: Can Article 13 CISG Operate as a Self-Help Mechanism?
Dila Okyar
Chapter 10. International Versus Domestic: The Question of the Applicability of Intellectual Property Law to the CISG
Şerife Esra Kiraz