Non Conformity In The 1980 Un Convention On Contracts For The International Sale Of Goods
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Non Conformity In The 1980 Un Convention On Contracts For The International Sale Of Goods
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Author : Sonja Kruisinga
language : en
Publisher: Intersentia nv
Release Date : 2004
Non Conformity In The 1980 Un Convention On Contracts For The International Sale Of Goods written by Sonja Kruisinga and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Contracts (International law) categories.
The 1980 UN Convention on Contracts for the International Sale of Goods (CISG) unifies the law governing the rights and obligations arising from a contract for the international sale of goods for the seller and the buyer. The CISG entered into force on 1 January 1988. The current number of 62 contracting States, representing two thirds of the world trade, shows the relevance of this Convention. Moreover, the International Chamber of Commerce (ICC) has published a model for an international sales contract that presupposes the application of the Convention. Since no supranational court exists to safeguard a uniform interpretation of its provisions, the case law from different states on the basis of the CISG needs to be compared. One of the main obligations for the seller under the Convention is to deliver goods which are in conformity with the contract (art. 35 CISG). With respect to this particular obligation, a number of questions have arisen. For example, do the goods delivered need to comply with any public law requirements in the country where the goods will be used? When and how does a buyer have to give notice to the seller of any lack of conformity? Is any fault on the part of the seller required for a buyer to be able to rely on this provision? Who bears the burden of proof? Can a buyer rely on any concurrent claims based on national law, alongside his claim based on lack of conformity? This book contains an analysis of the case law that has been established on the basis of the CISG concerning the aforementioned questions. Special attention has been paid to court decisions in Austria, Belgium, France, Germany, the Netherlands and Switzerland, as well as to arbitral awards by the ICC Court of Arbitration. In this respect, the role of the UNIDROIT Principles of International Commercial Contracts in the interpretation of the CISG has also been analysed. The book provides a unique combination, because it contains both an analysis of the issue of (non-)conformity as such and an overview of the recent case law on this topic, as well as recommendations for international commercial practice. Therefore, this book will be of interest to both academics and legal practitioners.
The Buyer S Remedies For Non Conforming Goods
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Author : Hanna Sivesand
language : en
Publisher: sellier. european law publ.
Release Date : 2005
The Buyer S Remedies For Non Conforming Goods written by Hanna Sivesand and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Consumer protection categories.
This study analyses the buyer's remedies for non-conforming goods under a sales contract under English, German, French and Scandinavian law. Moreover, the EC Consumer Sales Directive, the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) and the Principles of European Contract Law (PECL) are included. The study examines the most controversial issues and problems involved in the establishment of an effective and fair remedial regime for non-conforming goods. Should there be a certain hierarchy of remedies, where some prevail over others? Who should be able to choose between the remedies, the buyer or the seller, and should there be a right for the seller to impose cure upon the buyer? Should certain remedies be restricted where the lack of conformity is not sufficiently serious? Another controversial issue is the question of whether, and if so, how the buyer should be obliged to notify the seller, and within which time limits he should be obliged to bring forward his claim.
Fundamental Breach Considering Non Conformity Of The Goods
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Author : Benjamin K. Leisinger
language : en
Publisher: sellier. european law publ.
Release Date : 2007
Fundamental Breach Considering Non Conformity Of The Goods written by Benjamin K. Leisinger and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
In the important field of international commodity trade, it is inevitable that some of the sales contracts and deliveries of goods lead to disputes over non-conformity of the goods. Fundamental Breach Considering Non-Conformity of the Goods analyzes existing case law and legal doctrine, as well as the legal and economic principles underlying these articles. In doing this, the author establishes tools which help classify the fundamentality of the seller's breach. This book will be indispensable for all those who have any dealings in the vital field of international purchase and distribution law.
Convention On Contracts For The International Sales Of Goods Cisg
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Author : Joseph Lookofsky
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-10-20
Convention On Contracts For The International Sales Of Goods Cisg written by Joseph Lookofsky and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-20 with Law categories.
Also sometimes referred to as the Vienna Sales Convention, the Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention, which first entered into effect in 1988, is the first sales law treaty to win acceptance on a worldwide scale. The current list of more than 90 Contracting States accounts for more than three-fourths of all world trade. The importance of the CISG in the international arena is underlined by thousands of reported decisions where the CISG has been held to apply, thus evidencing the conduct of countless international traders who-by default or by express choice-regularly subject their sales contracts to the Convention regime. The CISG has also impacted on sales legislation at national and regional (e.g. EU) levels. With this monograph as their guide, lawyers and scholars who deal with international sales contracts and sales contract disputes will obtain an excellent overview of the Convention, as well as valuable information as to all its 101 Articles, compromising key topic areas such as the following: Determining when the CISG applies; Freedom of contract under Article 6; Interpretation of the Convention and of CISG contracts; Sales contract formation, validity, defences to enforcement; Obligations of the parties, including conforming delivery & notice of non-conformity; Liability and remedies for breach, including specific performance, damages, avoidance/termination; Liability exemptions; Reservations under Articles 92-96. The Third Edition of this IEL monograph takes account of the latest scholarly commentary as well as key CISG case law worldwide.
Review Of The Convention On Contracts For The International Sale Of Goods Cisg
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Author : Pace International Law Review
language : en
Publisher: sellier. european law publ.
Release Date : 2007
Review Of The Convention On Contracts For The International Sale Of Goods Cisg written by Pace International Law Review and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
The Review of the of the Convention on Contracts for the International Sale of Goods (CISG) is published annually and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to the writings analyzing the various articles of the CISG, the book compiles translations of recent decisions as well as commentaries of notable cases relating to the CISG. The book provides a forum for legal discussion within the international legal community in the area of international sales law and is an authoritative source of reference for international scholars. This 2005-2006 volume includes the following articles: -- How the Fact of Accepting Good Faith as a General Principle of the CISG Will Bring More Uniformity -- Defective Performance in Contracts for International Sale of Goods: A Comparative Analysis Between the Brazilian Law and the 1980 United Nations Convention on Contracts for the International Sales of Goods -- Canadian Jurisprudence and the Uniform Application of the UN Convention on Contracts for the International Sale of Goods -- Good Faith in the CISG: The Interpretation Problems of Article 7
Review Of The Convention On Contracts For The International Sale Of Goods Cisg 2002 2003
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Author : Michael Maggi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
Review Of The Convention On Contracts For The International Sale Of Goods Cisg 2002 2003 written by Michael Maggi and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars.
Conformity Of Goods In International Sales
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Author : René Franz Henschel
language : en
Publisher: Gadjura
Release Date : 2005
Conformity Of Goods In International Sales written by René Franz Henschel and has been published by Gadjura this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.
"The Conformity of Goods in International Sales gives a systematic analysis of Article 35 in the United Nations Convention on Contracts for the International Sale of Goods (CISG). Baed on a detailed annalysis of hte most improtant cases and leading academic writing, Article 35 is described as a historical compromise between caveat emptor and caveat venditor and it is hown that the Articel is to be supplemented by the general rules of contract law inside and outside the convention, suhc as the principle of good faith in Article 7 CISG, the rules of interpretation and usage in Article 8 and Article 9 CISG and the UNIDROIT Principles of International Commercial Contracts ..." (from backcover)
Contracts For The International Sale Of Goods
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Author : Franco Ferrari
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-12-23
Contracts For The International Sale Of Goods written by Franco Ferrari and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-23 with Law categories.
Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, this volume focuses on three fundamental issues, which, due to added attention from courts and arbitral tribunals, are considered “typical” of CISG related disputes. These include the exact determination of the CISG’s sphere of application; issues relating to the non-conformity of delivered goods; and the determination of the rate of interest on sums in arrears. This analysis will also help readers understand the broader context in which these issues are embedded, and ultimately illustrates how the CISG is interpreted and applied in different jurisdictions. A special course adoption price is available for an order of six or more copies from a university bookstore. Contact [email protected] or [email protected].
Un Law On International Sales
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Author : Peter Schlechtriem
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-10-17
Un Law On International Sales written by Peter Schlechtriem and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-17 with Law categories.
This book describes and analyses the rules and provisions of the United Nation Convention on the International Sale of Goods of 1980 - CISG-. The authors explain the details of the CISG’s text, report the essence of the scholarly discussions of its issues, and, in particular, present numerous cases decided by courts and arbitration tribunals both as illustrations of problems arising under the CISG and as case law interpreting the Convention. The book is mainly intended to be used in teaching, but it can also help practitioners to understand the structure and basic solutions of sales law issues encoded in the CISG.
The Convention For The International Sale Of Goods
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Author : Daniel Barstow Magraw
language : ar
Publisher: American Bar Association
Release Date : 1990
The Convention For The International Sale Of Goods written by Daniel Barstow Magraw and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.