Prospek Penggunaan United Nations Convention On Contracts For The International Sale Of Goods Cisg
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Prospek Penggunaan United Nations Convention On Contracts For The International Sale Of Goods Cisg
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Author : Dr. Marko Cahya Sutanto, S.H., LL.M.
language : id
Publisher: Penerbit Alumni
Release Date : 2021-03-24
Prospek Penggunaan United Nations Convention On Contracts For The International Sale Of Goods Cisg written by Dr. Marko Cahya Sutanto, S.H., LL.M. and has been published by Penerbit Alumni this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-24 with Law categories.
Buku ini berfokus dalam hukum kontrak, khususnya hukum kontrak jual-beli barang internasional, serta mengkaji kelayakan United Nations Convention on Contracts for the International Sale of Goods (CISG) (UNCITRAL – 1980) untuk digunakan dalam pengembangan hukum jual-beli barang di Indonesia. Asal mula disusunnya naskah disertasi ini adalah buah pemikiran tentang kesiapan sistem hukum Indonesia yang seharusnya hadir untuk mengatur transaksi/kontrak perdagangan barang antar pelaku usaha yang melintasi perbatasan negara guna menghadapi ASEAN Economic Community (AEC) sekaligus mengantisipasi kondisi perdagangan dewasa ini. Berangkat dari pemikiran di atas, secara teoretis dan melalui pendekatan yuridis normatif penulis mengembangkan sebuah konsep yang diistilahkan sebagai harmonisasi hukum. Ada dua pola harmonisasi hukum, yaitu harmonisasi hukum regional dan harmonisasi hukum internal. Harmonisasi hukum regional merujuk kepada proses menuju penyeragaman, atau penyelarasan hukum substantif yang memiliki cakupan keberlakuan pada tingkat regional, sedangkan harmonisasi hukum internal merupakan upaya penyelarasan di dalam sistem hukum positif Indonesia melalui penerapan prinsip-prinsip hukum yang tercantum dalam CISG, dengan tujuan untuk membentuk sebuah instrumen hukum yang dapat mengakomodasi kebutuhan perdagangan barang internasional dan diterima oleh masyarakat internasional.
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].
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.
Understanding The Cisg
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Author : Joseph Lookofsky
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-05-15
Understanding The 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 2017-05-15 with Law categories.
The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention is the first sales law treaty to win acceptance on a worldwide scale, and the impressive list of some 85 CISG ‘Contracting States’ already 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. The CISG has also impacted on sales legislation at national and regional (e.g., EU) levels. The CISG treaty demands an international interpretation, and this fully updated Fifth (Worldwide) Edition draws upon the full range of primary as well as secondary sources of CISG law, including worldwide case law and scholarly opinion. Concrete examples are provided throughout. With this book as their guide, lawyers and students who need to understand international sales contracts and sales contract disputes will confidently navigate 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, defenses to enforcement; • obligations of the parties, including conforming delivery and payment; • remedies for breach, including specific performance, damages and avoidance; • liability exemptions; and • key reservations under Articles 92–96
The Un Convention On Contracts For The International Sale Of Goods
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Author : Clayton P. Gillette
language : en
Publisher: Cambridge University Press
Release Date : 2016-05-10
The Un Convention On Contracts For The International Sale Of Goods written by Clayton P. Gillette and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-10 with Business & Economics categories.
Serving the needs of both students and experts, this book evaluates the CISG through economic theory and legal doctrine.
Understanding The Cisg
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Author : Joseph M. Lookofsky
language : en
Publisher:
Release Date : 2012
Understanding The Cisg written by Joseph M. Lookofsky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Earlier editions of this incomparable guide came in separate volumes for the United States, Europe, and Scandinavia, as these three areas represent significant segments of CISG practice and also notable variations in the application of the Convention. Today, however, the CISG has gained greater prominence in dozens of jurisdictions worldwide, and similarities as well as differences in how the Convention is understood and applied have become increasingly relevant for all CISG practitioners. Hence, a 'worldwide' edition, focused on the rules and case law of greatest practical importance in all Contracting States, is here provided--although this new edition continues to account for regional anomalies insofar as they impact on the interests of merchants (and their lawyers) in the real CISG world. With this book as their guide, lawyers handling international sales contracts and disputes in any jurisdiction will confidently navigate such areas of practice as the following: * determining when the CISG applies; * freedom of contract under Article 6; * interpretation and good faith; * formation, validity, defenses to enforcement; * notice of non-conformity; * damages for breach, mitigation; * Article 79 liability exemptions; * agreed remedies, disclaimers; and * key reservations under Articles 92-96. Understanding the CISG includes a representative sampling of the more than 2,000 CISG court judgements and arbitral awards that have been reported. Concrete illustrations are provided to help clarify the (sometimes complex) way CISG rules work. Five appendices offer a wealth of reference material, including the complete text of the Convention and an extensive table of cases and arbitral awards. For virtually all cases likely to invoke the CISG, this valuable book will render sterling service to practitioners anywhere, just as it will provide law students with an effective CISG learning tool. No other CISG source is at once so authoritative and so succinct.
An International Approach To The Interpretation Of The United Nations Convention On Contracts For The International Sale Of Goods 1980 As Uniform Sales Law
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Author : John Felemegas
language : en
Publisher: Cambridge University Press
Release Date : 2007-01-08
An International Approach To The Interpretation Of The United Nations Convention On Contracts For The International Sale Of Goods 1980 As Uniform Sales Law written by John Felemegas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-08 with Law categories.
In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.
Understanding The Cisg
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Author : Joseph M. Lookofsky
language : en
Publisher:
Release Date : 2008
Understanding The Cisg written by Joseph M. Lookofsky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Export sales contracts categories.
Commentary On The Un Sales Law Cisg
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Author : Christoph Brunner
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-03-18
Commentary On The Un Sales Law Cisg written by Christoph Brunner 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 2019-03-18 with Law categories.
Buyers and sellers engaging in the cross-border sale of goods are well-advised to be conversant with the United Nations Convention on Contracts for the International Sale of Goods (CISG), which governs international sales contracts. The CISG has been ratified by 89 states, which together account for over three-quarters of all world trade. This practically-oriented, article-by-article commentary on the CISG will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts. The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisions, the legal doctrines derived from these decisions, and relevant scholarship to date. Among the issues and topics discussed are the following: interface with national laws; scope of application; obligations of seller and buyer; non-conforming goods and duty to notify; breach of contract and remedies; damages; force majeure exemption; and termination of contract and its consequences. This book is an updated translation of the second German edition of a valued resource in Germany, Switzerland, and Austria, and an authority regularly cited by the Swiss Supreme Court. The commentary is influenced by legal authorities from both civil law and common law backgrounds. Throughout, the contributors refer to the cisg-online.ch database, enabling users to locate decisions easily. User-friendly, focused on practical questions, concise but comprehensive, this article-by-article commentary provides a quick and trenchant overview of existing legal opinions and court/arbitral decisions. It will prove immensely valuable to legal practitioners, facilitating their formulation of reliable solutions to legal problems involving the CISG.
Convention On Contracts For The International Sale Of Goods Cisg
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Author : Joseph Lookofsky
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-01-21
Convention On Contracts For The International Sale 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 2022-01-21 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Convention on Contracts for the International Sales of Goods (CISG) and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Convention on Contracts for the International Sales of Goods (CISG and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law
