Assessment of Damages: Three Specific Problems – The Draft Common European Sales Law in Context

Zwischenbilanz – Festschrift für Dagmar Coester-Waltjen zum 70. Geburtstag, pp. 921-936, Katharina Hilbig-Lugani, Dominique Jakob, Gerald Mäsch, Philipp Reuß, and Christoph Schmid, eds., Gieseking, 2015

Max Planck Private Law Research Paper No. 16/12

18 Pages Posted: 9 May 2016

See all articles by Reinhard Zimmermann

Reinhard Zimmermann

Max Planck Institute for Comparative and International Private Law

Abstract

The present essay continues a line of research commenced elsewhere in that it analyses two rules contained in the Chapter on "Damages and Interest" in the Draft Common European Sales Law (CESL) in comparative and historical perspective. Even though the CESL has now been withdrawn, it still constitutes the last of several different "layers" of European and international instruments aiming at the harmonization of contract law and thus deserves to be scrutinized critically. The two rules deal with "Substitute transaction" and "Current price" (Art. 164 and 165). In addition, the essay deals with a third rule ("Currency in which damages may be claimed"), which is contained in previous layers of text, but has not been adopted into the CESL. The path of each of these rules is followed through the various instruments, and it is attempted to assess their specific profile by drawing attention to the national experiences and the comparative legal literature. A revision is suggested both as far as Art. 164 and 165 are concerned.

Note: This contribution, appearing in the Festschrift released in honour of Dagmar Coester-Waltjen's 70th birthday, is published in the Max Planck Private Law Research Paper Series with the permission of the rights owner, Gieseking Verlag.

Keywords: abstract and concrete assessment of damages, Common European Sales Law, currency, current price, damages, substitute transactions

Suggested Citation

Zimmermann, Reinhard, Assessment of Damages: Three Specific Problems – The Draft Common European Sales Law in Context. Zwischenbilanz – Festschrift für Dagmar Coester-Waltjen zum 70. Geburtstag, pp. 921-936, Katharina Hilbig-Lugani, Dominique Jakob, Gerald Mäsch, Philipp Reuß, and Christoph Schmid, eds., Gieseking, 2015, Max Planck Private Law Research Paper No. 16/12, Available at SSRN: https://ssrn.com/abstract=2769826

Reinhard Zimmermann (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, 20148
Germany

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