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The common European sales law and mandatory provisions in the conflict of laws
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Bisping, Christopher (2012) The common European sales law and mandatory provisions in the conflict of laws. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2012/23).
An open access version can be found in:
Official URL: http://ssrn.com/abstract=2192501
Abstract
This article analyses the relationship between the proposed Common European Sales Law (CESL) and mandatory provisions of national law. It is argued that the embedding of this optional sales regime in the conflict of laws makes the application of mandatory provisions inevitable. In particular the application of overriding mandatory provisions might disturb the planned operation of CESL and render the desired harmonisation illusory. This should be taken as a reason to rethink the overly broad definition of overriding mandatory provisions under the Rome I Regulation and rationalise this intruder into the conflict of laws system.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper | ||||
Publisher: | University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 21 December 2012 | ||||
Dates: |
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Number: | Number 2012/23 | ||||
Number of Pages: | 20 | ||||
Status: | Not Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) | ||||
Open Access Version: |
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