The Proposal for a Common European Sales Law (CESL), published by the European
Commission in 2011, has the aim of introducing an optional regime for crossborder
sale of goods for the European Union.
The publication of this Proposal has given rise to a lot of interest not only in
the academic community, but also in the world of the practitioner. The aim of this
Commentary is to present a coherent view of the subject from the perspective of a
number of scholars from different European countries, of whom will compare the
text of the CESL with their own national law and other European legal texts. This
Commentary offers a serious comparative study of the CESL alongside other instruments,
such as the CISG, and also pre-existing instruments including the Draft
Common Frame of Reference (DCFR) and the Principles of European Contract
Law (PECL).
In the future application of the CESL it is anticipated that problems will arise in
relation to the uniformity that is intended by such a European legal text requiring
homogeneous application by the different national courts. The drafters of the CESL
have sought uniformity in order to avoid the complexity of a European sales law
resulting from the application of the different sales laws of each Member State. This
Commentary, coordinated by legal scholars, whom of which are members of the
Valencian Study Group for the Study of European Private Law (GEVDPE)1, will
contribute towards the achievement of this desired uniformity.
Firstly, the process of the enactment of the CESL will be analysed, in conjunction
with its scope of application, covering areas such as sale of goods, supplying
(licensing) of digital content, supply of trade-related services, and consumer
protection. International aspects concerned with the application of the CESL will
also be analysed in this Commentary, particularly as one of the main features of
the CESL—unlike other international instruments—is its optional nature, i.e. the
parties must agree upon its application in order for this instrument to govern the
particular contract.