Part I. Lessons to Learn from the CESL
1. Contents and Effects of Contracts: Lessons to Learn from the CESL
Aurelia Colombi Ciacchi
2. Origin and Ambitions of the Common European Sales Law, Especially Its Chapter on Contents and Effects
3. The Many Advantages of a Common European Sales Law
4. Identification of Gaps and Gap-Filling under the Common European Sales Law – A Model for Uniform Law Instruments?
5. The Digital Single Market and Legal Certainty: A Critical Analysis
Alex Geert Castermans, Ruben Graaff, Matthias Haentjens
Part II. Contents and Effects of Contracts: Lessons to Learn from Chapter 7 CESL
6. Art. 66–68: The Sources of Contract Terms Under the CESL
7. Art. 66–68: Implied Terms in the CESL: Different Approaches?
8. Art. 67: Contract Interpretation and the Role of ‘Trade Usage’ in a Common European Sales Law
9. Art. 69: Pre-contractual Statements Under Article 69 CESL – Remake or Revolution?
10. Art. 70: The Duty to Raise Awareness of Not Individually Negotiated Contract Terms
11. Art. 70–71: Incorporation and Making Available of Standard Contract Terms
12. The Effect of Merger and Non-Reliance Clauses According to Art. 72 of the Commission’s Draft of the Common European Sales Law (CESL) – A Model for New Instruments for International or European (Consumer) Sales Law?
13. Art. 73–75: Price Determination
14. Art. 74: The “Grossly Unreasonable” Unilateral Determination of Price or Other Contract Terms and Its Substitution Under the Proposed Art 74 CESL
Axel Halfmeier, Tim W. Dornis
15. Art. 76: The ‘Stick to the Language’ Rule
16. Art. 77: Contracts of Indeterminate Duration: Article 77 CESL – A Comment from a German Perspective
17. Art. 78: Third Party Stipulation and Consumer Protection