Abstract

The aim and objective of this paper is to analyse the development of the contract law of the European Union and review the main changes introduced by the European Parliament Legislative Resolution on the Common European Sales Law compared to the original Proposal for a Regulation from 2011. At the beginning of the paper, an overview of the development of the European Union's contract law over the last decades has been presented. It includes various Directives and the Principles of European contract law by the Commission on European Contract Law. The paper further continues with explaining the ordinary legislative procedure in the European parliament and showing the process of adopting the Legislative Resolution on the Common European Sales Law to the adoption in the Council. The legal basis for its adoption is analysed in sequence. Furthermore, the structure and content of the Proposal and the Legislative Resolution is outlined. Finally, the new provisions of the Common European Sales Law that have been adopted by the European Parliament are explained.

Highlights

  • In recent decades, the European Union is trying to harmonize contract law of Member States to facilitate the functioning of the internal market

  • This paper aims to show the direction in which the European contract law is going

  • The objective is to review the main changes introduced by the European Parliament Legislative Resolution on the Common European Sales Law compared to the original Proposal for a Regulation from 2011, after consultations with the relevant committees, national parliaments and other key stakeholders

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Summary

Introduction

The European Union is trying to harmonize contract law of Member States to facilitate the functioning of the internal market. One of the ideas of promoting cross-border sales was the creation of a Common European Sales Law. The proposal to regulate this matter was introduced in 2011 and after consideration by the relevant committees, the Legislative Resolution was adopted in the European Parliament in 2014 with numerous amendments, which will be further discussed below. This paper aims to show the direction in which the European contract law is going. The objective is to review the main changes introduced by the European Parliament Legislative Resolution on the Common European Sales Law compared to the original Proposal for a Regulation from 2011, after consultations with the relevant committees, national parliaments and other key stakeholders. A number of scientific methods have been used for making this paper. Secondary data were explored using scientific literature on contract and international law. The method of systems analysis and synthesis as well as the dialectic approach were used

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