SEVERAL ISSUES REGARDING THE RELATIONSHIP OF THE PROPOSAL OF THE REGULATION ON COMMON EUROPEAN SALES LAW AND EU INTERNATIONAL PRIVATE LAW

Abstract

Creation of a single European Union civil law represents a multi decade long political, legal and academic project. Its newest offspring is the European Commission proposal for the creation of a Common European Sales Law as an optional instrument for trans-boundary conduct of business. Despite this idea having some arguments in its favour, the current proposal is marred by significant legal shortcomings. This article the attention is drawn to the relation of this envisaged instrument and the existing international private law of the EU and problems arising therein. The issues of specific interest are the norms on the application of the consumer’s home law, public order and situations when one of the contracting parties is not from the EU. The conclusion lists some of the potential reasons for the shortcomings and makes proposals on how these could be overcome.