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Spagnolo, Lisa --- "Unification, disintegration or optimization: purposes of modern sales law" [2019] ELECD 2110; in Saidov, Djakhongir (ed), "Research Handbook on International and Comparative Sale of Goods Law" (Edward Elgar Publishing, 2019) 27

Book Title: Research Handbook on International and Comparative Sale of Goods Law

Editor(s): Saidov, Djakhongir

Publisher: Edward Elgar Publishing

Section: Chapter 2

Section Title: Unification, disintegration or optimization: purposes of modern sales law

Author(s): Spagnolo, Lisa

Number of pages: 32

Abstract/Description:

This chapter compares the fundamental purposes of domestic and international sales, to uncover expectations concerning their functions. It then explores biases in how each tends to be viewed in practice and outlines evidence which is often overlooked or cast aside regarding current usage of uniform sales law. Thereafter, the chapter explores both the so-called forces behind uniformity, and those which might hasten its disintegration. However, this dramatic juxtaposition is redefined in accordance with the arguably more pertinent question, that is, whether such forces enhance or detract from optimal or efficient choices of law, and the effect such forces might exert to aggravate or reduce market distortions. As part of this exploration, the chapter highlights some practical benefits of uniform law. The author challenges readers to re-evaluate their biases by questioning domestic law with the same vigour as is usually reserved for uniform law alone.