Common European Sales Law 
                  Common European Sales Law
     1. Introduction 
     1. Introduction 
     Success of Common European Sales Law is subject to two conditions: 
     Success of Common European Sales Law is subject to two conditions: 
       st
     • st
      1  condition relating to the functioning of the Common European 
      1  condition relating to the functioning of the Common European 
     Sales Law 
     Sales Law 
         it should entail substantial simplification and reduction of costs for 
          enterprises 
       nd
     • nd
      2  condition relating to the material rules provided by the  
      2  condition relating to the material rules provided by the  
     Common European Sales Law 
     Common European Sales Law 
         they should be easy to understand and provide legal certainty
         they should guarantee well-balanced rights between the parties and 
          provide contracts stability  
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                Common European Sales Law  
                Common European Sales Law
     2. Understanding of rules and legal certainty of 
     2. Understanding of rules and legal certainty of 
        transactions  
        transactions  
     Complexity of the material rules and lack of certainty brings about
     Complexity of the material rules and lack of certainty brings about
     higher costs for enterprises:
     higher costs for enterprises:
        legal  advice,
     - legal  advice,
        litigation …
     - litigation …
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                   Common European Sales Law 
                   Common European Sales Law
     3. Balance of rights between the parties and stability of 
      3. Balance of rights between the parties and stability of 
     contracts  
      contracts 
     
        Level of consumer’s protection
         Level of consumer’s protection
     Traders intend to ensure a high level of consumer protection, but the 
     protection provided by the Common  European Sales Law should not be 
     such that it would prevent businesses from choosing it. 
     Example:  removing of any hierarchy between remedies
         Example:
         It means that enterprises could be compelled to reimburse the items instead 
           of replacing or repairing them
         It would generate additional costs for enterprises  
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                 Common European Sales Law 
                 Common European Sales Law
     Stability of contracts 
     Stability of contracts 
     It is essential that contracts may not be terminated too easily
     Example: termination by notice to the seller
     Example
     The very broad admission of termination by notice in B2C 
        transactions would generate uncertainty for enterprises, incompatible 
        with business  
     The admission of termination for anticipated non –performance might 
        well end up weakening the contractual link
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                   Common European Sales Law 
                   Common European Sales Law
     CONCLUSION : 
     CONCLUSION 
     The creation of a common set of European rules to achieve the
     internal market is an attractive idea, but it is doubtful that the
     proposal is able to reach such an objective.
     The success of the proposal mainly relies on its economic appeal for 
         enterprises, which implies:
     -   Simplification
     -   Legal certainty
     -   Stability of contracts
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