Dear all,

 

The European Commission has just issued its proposed contract law harmonisation instrument, following on its "Feasibility Study" and Draft Common Frame of Reference:

 

 

It is proposed to be a Regulation for an optional sales law (ie parties will be able to opt into it).  Existing IPL rules will still apply, and some aspects of contract law (eg representation, illegality) aren't covered.  Besides sales, supply of digital content and related services (eg repairs)  are to be covered.  It will apply to cross-border sales (etc) which are business-to-consumer, or are B - to - B with at least one being a Small or Medium Enterprise (at least one of the countries being an EU member state).   Member states will be able to extend this to domestic sales and non-SME contracts.

 

Ross Macdonald  (Uni of Dundee)

 

 

 

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