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The scope of the Common European Sales Law: B2B, goods, digital content and services

Rafael Illescas Ortiz (Department of Commercial Law, University Carlos III of Madrid, Madrid, Spain)
Pilar Perales Viscasillas (Department of Commercial Law, University Carlos III of Madrid, Madrid, Spain)

Journal of International Trade Law and Policy

ISSN: 1477-0024

Article publication date: 7 September 2012

676

Abstract

Purpose

This article aims to take a critical look at the proposed Common European Sales Law (CESL) and its field of application.

Design/methodology/approach

The article provides a comparative analysis of the scope of application of CESL with that of the Convention on Contracts for the International Sales of Goods (CISG). The approach is critical in nature in that it questions the regulation of business‐to‐business (B2B) transactions under CESL. It also takes a critical look at the CESL and its coverage of three areas of contracting – sale of goods, supply of digital content, and supply of services.

Findings

The article exposes some of the shortcomings of the CESL in relation to its field of application.

Research limitations/implications

The CESL as proposed offers an optional regulation that complicates the law of transborder sales within the European Union (EU) and between EU member states and non‐EU states. The article recommends that CESL not extend its coverage to B2B transactions and leave transborder commercial transactions to the CISG. The article also suggests other changes to improve the CESL.

Practical implications

Further analysis is needed and more defined rules should be considered before CESL is enacted into law.

Originality/value

This article questions the wide scope of application of CESL. It further questions the rationality and practicality of the CESL's coverage of B2B transactions.

Keywords

Citation

Illescas Ortiz, R. and Perales Viscasillas, P. (2012), "The scope of the Common European Sales Law: B2B, goods, digital content and services", Journal of International Trade Law and Policy, Vol. 11 No. 3, pp. 241-258. https://doi.org/10.1108/14770021211267351

Publisher

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Emerald Group Publishing Limited

Copyright © 2012, Emerald Group Publishing Limited

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