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

publication date

  • January 2012

start page

  • 241

end page

  • 258

issue

  • 3

volume

  • 11

International Standard Serial Number (ISSN)

  • 1477-0024

Electronic International Standard Serial Number (EISSN)

  • 2045-4376

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.