Hans Schulte-Nölke

Common European Sales Law (CESL) : commentary

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Common European Sales Law ANNEX I COMMON EUROPEAN SALES LAW Part I Introductory provisions Chapter 1 General principles and application Section 1 General principles Section 2 Application Part II Making a binding contract Chapter 2 Pre-contractual information Section 1 Pre-contractual information to be given by a trader dealing with a consumer Section 2 Pre-contractual information to be given by a trader dealing with another trader Section 3 Contracts concluded by electronic means Section 4 Duty to ensure that information supplied is correct Section 5 Remedies for breach of information duties Chapter 3 Conclusion of contract Chapter 4 Right to withdraw in distance and off-premises contracts between traders and consumers Chapter 5 Defects in consent Part III Assessing what is in the contract Chapter 6 Interpretation Chapter 7 Contents and effects Chapter 8 Unfair contract terms Section 1 General provisions Section 2 Unfair contract terms in contracts between a trader and a consumer Section 3 Unfair contract terms in contracts between traders Part IV Obligations and remedies of the parties to a sales contract or a contract for the supply of digital content Chapter 9 General provisions Chapter 10 The sellers obligations Section 1 General provisions Section 2 Delivery Section 3 Conformity of the goods and digital content Chapter 11 The buyers remedies Section 1 General provisions Section 2 Cure by the seller Section 3 Requiring performance Section 4 Withholding performance of buyers obligations Section 5 Termination Section 6 Price reduction Section 7 Requirements of examination and notification in a contract between traders Chapter 12 The buyers obligations Section 1 General provisions Section 2 Payment of the price Section 3 Taking delivery Chapter 13 The sellers remedies Section 1 General provisions Section 2 Requiring performance Section 3 Withholding performance of sellers obligations Section 4 Termination Chapter 14 Passing of risk Section 1 General provisions Section 2 Passing of risk in consumer sales contracts Section 3 Passing of risk in contracts between traders Part V Obligations and remedies of the parties to a related service contract Chapter 15 Obligations and remedies of the parties Section 1 Application of certain general rules on sales contracts Section 2 Obligations of the service provider Section 3 Obligations of the customer Section 4 Remedies Part VI Damages and interest Chapter 16 Damages and interest Section 1 Damages Section 2 Interest on late payments: general provisions Section 3 Late payments by traders Part VII Restitution Chapter 17 Restitution Part VIII Prescription Chapter 18 Prescription Section 1 General provisions Section 2 Periods of prescription and their commencement Section 3 Extension of periods of prescription Section 4 Renewal of periods of prescription Section 5 Effects of prescription Section 6 Modification by agreement ANNEX II STANDARD INFORMATION NOTICE EXPLANATORY MEMORANDUM