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This essay examines the ability of the recently proposed Common European Sales Law to meet its goal of increasing cross-border trade across the Common Market, in light of its deeply realist jurisprudence and its extensive reliance on the concepts of trade usage and good commercial practice. It concludes that a more fomalistics tatute that provided menus of clear contract default rules and encouraged a jurisprudential approach similar to that adoptedby New York Courts, would have a better chance than the CESL of increasing cross-border trade, especially among small and medium sizeenterprises.
