The Optional Common European Sales Law : Better buyer’s remedies for seller’s non-performance in sales of goods (together with F. Vanbossele)

This contribution explores the provisions on buyer's remedies in case of non-performance by the seller as proposed in the Optional Common European Sales Law for European Contract Law recently published by the European Commission in the context of its efforts to establish a European standard for contract law. Taking into account the objectives of the European Commission, we examine consecutively the material and personal scope of the relevant provisions, the cases in which these remedies may be invoked by the buyer, the remedies themselves and how enforceability thereof is ensured. The Optional Common European Sales Law is an impressive piece of work but from a legal perspective, further improvements to the text should be made, according to us, to assure legal certainty.