EU Private Law and the CISG The Effects for National Law

EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG?s recent fortieth anniversary.

The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG?s concept of sale by auction and its notion of intellectual property, as well as the CISG?s principle of freedom of form and the possibility for reservations with the effect of its exclusion.

The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

Introduction

Chapter 1

EU Private Law and the CISG: An Introduction

Zvonimir Slakoper and Ivan Tot

Part I

EU Private Law and the National Private Law Systems

Chapter 2

Implementing Directive 2019/770/EU on Contracts for the Supply of Digital Content and Services: A Common Law Perspective

Paula Giliker

Chapter 3

Aggressive Practices and Consumer Credit in the EU

Eleni Kaprou

Chapter 4

Challenges of Cross-Border Enforcement of Consumer Law: Unfair Contract Terms

Karmen Lutman

Chapter 5

Unfair Contract Terms Relating to Late Payment in Commercial Transactions: Late Payment Directive and Its Transposition into Croatian Law

Ivan Tot

Chapter 6

Full Freedom of Contract in Commercial Agency Law: A Road Less Travelled

Stephan Walter

Chapter 7

Comparative Perspectives on Disgorgement of Profits in Tort and Contract

Albert Ruda-González

Part II

The Forty Years of the CISG

Chapter 8

Auctions and Auctionlike Selling Mechanisms in International Sale of Goods: A Call for Revisiting Article 2(b) CISG?

Kristijan Poljanec

Chapter 9

Relieving the Contract of Problems that Reservations Create under Articles 12 and 96 CISG: Can Article 13 CISG Operate as a Self-Help Mechanism?

Dila Okyar

Chapter 10

International Versus Domestic: The Question of the Applicability of Intellectual Property Law to the CISG

Şerife Esra Kiraz

Zvonimir Slakoper is a Full Professor of Civil Law and the Head of the Department of Civil Law at the University of Rijeka, Croatia, Faculty of Law, and a Full Professor of Commercial Law at the University of Zagreb, Croatia, Faculty of Economics and Business. His expertise covers the law of obligations, especially banking contracts, and company law, and he has written, co-authored, and edited several books, including university textbooks, and many journal articles in these fields.

Ivan Tot is an Assistant Professor of Commercial Law in the Faculty of Economics and Business at the University of Zagreb, Croatia, and a Co-Chair of the European Law Institute Croatian Hub. His research mainly focuses on the law of obligations, banking law and European contract law.