The Cisg Convention And Domestic Contract Law


The Cisg Convention And Domestic Contract Law
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The Cisg And Its Impact On National Legal Systems


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.



The Cisg Convention And Domestic Contract Law


The Cisg Convention And Domestic Contract Law
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Author : Joseph M. Lookofsky
language : en
Publisher: Djoef Publishing
Release Date : 2014

The Cisg Convention And Domestic Contract Law written by Joseph M. Lookofsky and has been published by Djoef Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Aftaleret categories.


"The University of Copenhagen, Center for Commercial Law, is proud to present the papers in this volume which cast new light on the interrelationship between key features of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and domestic sales and contract law. The Nordic region has a special interest in this project, as 2014 marks the 25th anniversary of the ratification of the CISG in most of the Nordic Countries. But the interaction between the CISG and domestic law is not merely a Scandinavian concern. CISG Article 7 expressly requires that in the interpretation of the CISG, 'regard is to be had to its international character and to the need to promote uniformity in its application'. With particular emphasis on issues relating to Contract Formation, Conformity of Goods and Hardship, the authors discuss how CISG rules and principles impact on or are influenced by domestic sales and contract law, both in the Nordic region and elsewhere"--Unedited summary from book cover.



Convention On Contracts For The International Sale Of Goods 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



Cisg Methodology


Cisg Methodology
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Author : André Janssen
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27

Cisg Methodology written by André Janssen 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.


The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting 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 whilst the number of contracting 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 analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories.



Global Sales And Contract Law


Global Sales And Contract Law
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Author : Ingeborg Schwenzer
language : en
Publisher: OUP Oxford
Release Date : 2012-01-26

Global Sales And Contract Law written by Ingeborg Schwenzer and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-26 with Law categories.


Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.



Global Sales And Contract Law


Global Sales And Contract Law
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Author : Ingeborg Schwenzer
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-01-26

Global Sales And Contract Law written by Ingeborg Schwenzer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-26 with Business & Economics categories.


This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.



Commentary On The Un Convention On The International Sale Of Goods Cisg


Commentary On The Un Convention On The International Sale Of Goods Cisg
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Author : Peter Schlechtriem
language : en
Publisher: Oxford University Press, USA
Release Date : 2005

Commentary On The Un Convention On The International Sale Of Goods Cisg written by Peter Schlechtriem and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.


The Convention on the International Sale of Goods is one of the most successful attempts to unify parts of the law of international commerce. The Convention is now in force in more than 60 states, and there are thousands of decisions by courts and arbitral tribunals that apply the rules of theConvention, numerous books and innumerable contributions by scholars and practitioners on the Convention and its various topics and problems. Moreover, the CISG has had a great influence on modern domestic laws, such as the Scandinavian Sales Law, the Netherlands Wetboek, the Commercial Code ofCzechia, the new German Law of Obligations and the new codifications in former Socialist states as well as on projects to unify the law, for example the UNIDROIT Principles for International Commercial Contracts and the European Principles of Contract Law. This is the second edition of the Commentary on the UN Convention on the International Sale of Goods (CISG), first published in 1998. It is based on a broad comparative analysis of decisions and scholarly contributions from all states which has enacted the Convention. The contributors to this book,all being experts in their respective fields, based their analysis on the conviction that in order to do justice to the directive of Art. 7(1) CISG that "in the interpretation of this Convention regard is to be had to its international character and to the need to promote uniformity in itsapplication", understanding and interpretation of the Convention in the light of one domestic legal system alone would be inadequate, and that, therefore, it were required to closely follow, report and compare judicial and scholarly views from all jurisdictions accessible to the contributors. Thefirst edition of this Commentary has become an important source for the reading and explanation of the Convention, and it is frequently cited by legal writers, courts and tribunals from all over the world.



Understanding The Cisg


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



Understanding The Cisg In Europe


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.



Contracts For The International Sale Of Goods


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].