The Cisg
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Understanding The Cisg
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Author : Joseph Lookofsky
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-08-09
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 2022-08-09 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 nearly one hundred 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 treaty demands an international interpretation, and this extensively updated Sixth Edition draws upon the full range of primary as well as secondary sources of CISG law, including clear and concise reports of the latest decisions, arbitral awards and scholarly opinion. Numerous concrete examples are provided throughout. With this book as their guide, lawyers and students who need to understand international sales law will confidently navigate key topic areas such as these: determining when the CISG applies; freedom of contract, opting out; interpretation of CISG treaty and CISG contracts; formation, validity, defenses to enforcement; obligations of the parties; remedies for breach; liability exemptions, hardship; and disclaimers, agreed remedies.
The Cisg And Its Impact On National Legal Systems
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Author : Franco Ferrari
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27
The Cisg And Its Impact On National Legal Systems written by Franco Ferrari and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.
In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes - through 24 country reports as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City - to what extent the Convention de facto influences domestic legal systems. In particular, the book examines the Convention's impact on the practice of law, the style of court decisions as well as the domestic legislation in the area of contract law.
Transnational Sales Contract
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Author : Viglione - Benatti - Garcia LOng
language : en
Publisher: CEDAM
Release Date : 2022-03-18
Transnational Sales Contract written by Viglione - Benatti - Garcia LOng and has been published by CEDAM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-18 with Law categories.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) turned 40 in 2020 and experts around the world didn’t miss the celebrations. This book collects twenty-five studies in tribute to the CISG for its 40 anniversary, written by experts from Europe, America and Asia, with different focus of analysis. The goal of “The transnational sales contract. 40 years influence of the CISG on national jurisdictions” is to present what we have learned from the CISG during this time of born, development and consolidation. The book aims at navigating through the influence of the CISG in different jurisdictions, thus revealing the creation and existence of a truly autonomous and transnational contract law of worldwide application.
The Cisg
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Author : Peter Huber
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27
The Cisg written by Peter Huber and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.
"... there is a lack of a clear and simple exposition of the CISG for students and practitioners. That is the role of the current book, which it fills admirably. All of the issues that have been raised in the cases and the literature are considered, but without excessive detail. This is a book that will do much to make the CISG an easily understandable text for all users, student and pracitioner alike." Preface by Professor Eric E. Bergsten
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
Uniformity In The Application Of The Cisg
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Author : Boris Praštalo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-04-06
Uniformity In The Application Of The Cisg written by Boris Praštalo 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 2020-04-06 with Law categories.
More than ninety countries are now parties to the United Nations Convention on Contracts for the International Sale of Goods (CISG) recognised as the pre-eminent legislative achievement aimed at harmonising commercial law on a global scale but uniformity in the treaty’s application remains unsettled and controversial. This book, in addition to offering a detailed assessment of tools designed to promote such uniformity, draws on issues raised during over thirty years of case law from all over the world and from other CISG-related materials to clearly delineate a path to more uniform application. The practical implications to be found in this book emerge from deeply informed discussion of such issues and topics as the following: causes of non-uniformity, whether based on overall scope or on particular CISG provisions; detrimental effect of non-uniformity on both the legal and economic benefits provided by the CISG; effectiveness of implemented tools to combat non-uniform application; problems arising from trading imbalances between developed and developing countries; and proposed efforts to promote uniform application. Drawing on its many sources, the analysis concludes with recommendations and observations about how to improve the organisation and mode of operation of existing and proposed tools. Legal practitioners, judges and arbitrators called upon to argue under or apply the CISG, as well as all those with an interest in international commercial law, will greatly appreciate the book’s incisive guidance in navigating the issue of uniformity in the application of the treaty. By extension, as a comparative analysis, the book will be of informative value for jurists and policymakers interested in what can be done to heighten the level of uniformity in the application of any international convention.
International Sales Law
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Author : Ingeborg Schwenzer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-10-26
International Sales Law written by Ingeborg Schwenzer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-26 with Law categories.
Written for international trade lawyers, practitioners and students from common and civil law countries, this casebook is an excellent starting point for learning about the CISG, providing an article-by-article analysis of the Convention. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2010. The book features a selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects and domestic laws. The analyses, cases, texts and questions are intended to aid readers in their comparative law and international sales law studies. They are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. The book is a reference work as well as an introduction to the individual problem areas. In particular, it acts as a preparatory work for the Willem C Vis International Commercial Arbitration Moot. The inclusion of sample questions and answers also makes it particularly helpful for self-study purposes.
Cisg Methodology
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Author : Andre Janssen
language : en
Publisher: sellier. european law publ.
Release Date : 2009
Cisg Methodology written by Andre Janssen 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 2009 with Business & Economics categories.
The Convention on Contracts for the International Sale of Goods (CISG) is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 Member States. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application," it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that while the number of Member States is constantly increasing, so too is the threat of variation in application. In this book, the most important issues of the CISG's methodology are analyzed by leading experts from five continents. Some contributors provide a thorough analysis of the central topics of interpretation while others enter almost uncharted territories.
Understanding The Cisg In Europe
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Author : Herbert Bernstein
language : en
Publisher: Springer
Release Date : 1997-03-06
Understanding The Cisg In Europe written by Herbert Bernstein and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-03-06 with Business & Economics categories.
More than 40 countries, accounting for two-thirds of all world trade, have ratified the Convention on Contracts For The International Sale of Goods (CISG). Through a comparison and contrast with domestic law, The authors explain the CISG in terms familiar to European jurists. Because the CISG treaty demands an international interpretation, The authors draw heavily upon a broad base of CISG decisions, arbitral awards and doctrine from around the world. Concrete examples are provided throughout. The English language text will help European jurists to better communicate about CISG problems across language barriers. Those in academia will also appreciate the sources drawn upon And The comparative approach of this work.
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 Law categories.
Serving the needs of both students and experts, this book evaluates the CISG through economic theory and legal doctrine.