By James David Draper
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However, again with this approach, a similar result to the above option would have been achieved. 1(a) CISG (Fogt 2012). 2 Rome I Regulation, and, as a result, it would have not been possible for the parties to choose the future CESL “in its entirety” in relation to B2C transactions. c. Finally, there is the option selected by the European legislator, which is based on an opt-in model where parties agree upon the application of a “second national legal regime” within each Member State’s legal order (Fornasier 2012).
J. Szczerbowski This is a very minimalist set of rules. The model of offer and acceptance is considered to be sufficient as a description of all social facts leading to the conclusion of a contract. This is similar to the understanding of offer and acceptance in the Common Law. Auctions and negotiations are viewed as various configurations of offer and acceptance. The reducibility of auctions and negotiations to offer and acceptance makes the reduction desirable. e. 106). In the Common Law, contrary to the view of the legal systems of continental Europe, offer and acceptance are not dependent on higher layers of abstraction such as legal acts and declarations of will.
30 Therefore, this European legal orders within the meaning of the conflict-of-law rules and should be without prejudice to them. 7–8). 2013 stresses that it is to be considered as a “second regime” when determining that: “This directly applicable second regime should be an 30 G. Palao Moreno instrument would allow a certain amount of competition within Member States, in relation to the transactions covered by the future Regulation (Müller-Graff 2012). 7) (Wenderhorts 2012). From the perspective of Private International Law, this characterisation of the future European instrument would allow the Draft CESL to be considered not only as national law (Mankowski 2012a), but also as a “dependent” “special substantive rule” (Mankowski 2012a; Sánchez Lorenzo 2013).