Abstract
This article analyzes the regulation of Small and Medium sized enterprises (SMEs) in the Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law - SEC(2011) 1166 final, of 11 October 2011. The Proposal covers not only contracts between professionals and consumers but also between two professionals when at least one of them is an SME. One of the most important aspects of this proposal is the regulation of standard contracts, which create special risks for the weaker party to the contract. However, as the application of the Common European Sales law is voluntary, stronger companies will probably not opt in, continuing to choose the legal regime which they are most familiar with and that offers them greater certainty, instead of choosing a set of rules that essentially seeks to protect the weaker party (the SME).
Full PaperSummary
This article analyzes the regulation of Small and Medium sized enterprises (SMEs) in the Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law - SEC(2011) 1166 final, of 11 October 2011. The Proposal covers not only contracts between professionals and consumers but also between two professionals when at least one of them is an SME. One of the most important aspects of this proposal is the regulation of standard contracts, which create special risks for the weaker party to the contract. However, as the application of the Common European Sales law is voluntary, stronger companies will probably not opt in, continuing to choose the legal regime which they are most familiar with and that offers them greater certainty, instead of choosing a set of rules that essentially seeks to protect the weaker party (the SME).