Funktionalitat Und Legitimitat Des Gemeinsamen Europaischen Kaufrechts

In eleven contributions the book analyzes the Commission Draft of a Common European Sales Law. In the perspectives of legal politics, legal theory and legal doctrine it deals with the following aspects: input and output legitimacy of the draft in view of its legal history, necessity and legitimacy of a Common European Sales Law for cross-border trade, Article 114 TFEU as legal basis, development dynamism of an optional instrument and its alternatives, costs and benefits for consumers and entrepreneurs, harmonization of European Private Law or ccordination by soft law, measure for the promotion of the Common European Sales Law taking account of the experiences of the UN Sales Convention, redemption of tenders, pre-contractual information requirements in case of contracts with consumers, conditions for the application and provisions for the choice of law. At the same time the book is a contribution to the discourse on the relationship between the logic of private law and the logic of the European integration process. With contributions by: Florian Moslein, Norbert Reich, Christoph U. Schmid, Tobias Pinkel, Olaf Meyer, Bernd Seifert, Anna-Carina Hilscher, Bjorn Hoops, Jens Richter and Daniela Schmidt