Perspectives for the European Optional Instrument Regarding Common Law of Contracts

On 11th October 2011 Commission presented a draft of the Regulation concerning Common European Sales Law. The present paper makes certain critical remarks as to the approach taken by the Commission. In particular, it is questionable whether the optional instrument that is to such a large extent dominated by "consumer optics" has any potential of being successful in business relationships. A more effective solution would be achieved by distinguishing between the consumer protection rules and the general rules of contract law. The first type of rules should be contained in the directives. The second type - in the optional instrument. It is however justified to focus on the interests of the weaker parties by securing general contractual balance between the parties